KRISHAN GOPAL Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal has been preferred against judgment dated 28. 9. 2007/29. 9. 2007 passed by learned Special Judge, Una in Sessions Trial No. 10 of 2005 in case titled State of H. P. vs. Krishan Gopal arising out of FIR No. 735 of 2003 dated 19. 11. 2003 registered at P. S. Una under Section 20 of NDPS Act, whereby he has been convicted for conscious possession of 130 Whether Reporters of Local Papers may be allowed to see the judgment? Yes grams charas and sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs. 10,000/-.

(2.) Prosecution case, in brief, is that PW1 Rajinder Singh was deputed by ASI Harbans Lal from CIA Staff Una for detecting and gathering information about offences related to excise etc. in Mehatpur area after entering report No. 4 dated 19. 11. 2003 Ext. PW12/G in daily diary. When PW1 was present at Mehatpur chowk, he received a secret information that appellant had been indulging in sale of charas at his shop situated at Mehatpur, whereupon he proceeded to Una to inform his superior about this and on the way, PW12 HC Nardev Singh along with other police officials, posted in CIA Staff, met him near Gurudwara at Delhan and he informed about information received by him to PW12 HC Nardev Singh, who, in turn, recorded statement Ext. PW1/A of PW1 under Section 154 Cr. P. C. and sent ruka Ext. PW1/A through PW5 C. Som Nath to the Police Station and he also reduced the information into writing under Section 42(1)(2) of NDPA Act Ext. PW2/A and sent it through PW2 C. Jaswinder Singh to Superintendent of Police, Una.

(3.) Finding the information to be definite and reliable, Investigating Officer proceeded towards the shop of appellant and there he associated independent witnesses PW3 Umesh Bali and PW4 Narinder Kumar in raiding party and informed the appellant about information received by him and his intention to search the person of appellant as well as his shop. In compliance of Section 50 of NDPS Act, appellant was informed about his right to give his search before the Magistrate or Gazetted Officer vide memo Ext. PW1/B, however, appellant gave his consent, for his and his shop, to be searched by police. The said memo was witnessed by independent witnesses as well as PW1 Rajinder Singh. Consent Ext. PW1/C was also reduced into writing on the memo itself and witnessed by aforesaid witnesses.