The recovery of contraband from a bag carried by the accused, non-compliance of certain sections, and the association of independent witnesses were key legal principles discussed in the judgment.

Kuldip Chand Sood, J.—This jail appeal by the appellant Sanjay Gupta, hereinafter referred to "the accused", arises out of the judgment of conviction, recorded by the learned Additional Sessions Judge, Mandi, dated 22.6.2002, for an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, ("the Act" for short).

2. The prosecution case was: On 7.3.2001, SI/SHO, Police Station Aut, along with other police officials, was on routine patrol on the Chandigarh-Kullu, National Highway, when at about 6.30 p.m. a Bus with registration No. HP-12-4138 came from Manali side. This bus was bound for Delhi. The bus was signalled to be stopped by SI Om Parkash (PW-6). Two of the police constables, namely, Shankar Dass and Durga Dass entered the bus from the rear door. The accused, with a Chader wrapped around him, alighted from the front door. He was found carrying a polythene bag. Accused tried to run away. On suspicion, the police officials outside the bus, apprehended the accused. Sub-Inspector Om Parkash suspected that the accused was carrying some contraband. The accused was informed about his right to be searched in the presence of a Gazetted Officer or Magistrate. At his option, by Memorandum, Ex. PW-6/A, the accused opted, in writing, to be searched by the police. On search of the polythene bag, carried by the accused, Charas, in the shape of long sticks, was recovered. Weighing scale was sent for. The Charas so recovered weighed 750 gms. The Investigating Officer, SI Om Parkash, took two samples of 25 grams each, from the Charas and sealed the remaining Charas. A Panchnama was prepared. SI Om Parkash prepared a Rukka Ex. PW-2/B which was sent to the Police Station, Aut for registration of a formal report, which was so recorded in terms of Ex. PW-2/A for an offence punishable under Section 20 of the Act. A special report (Ex. PW-5/A) was sent to the Superintendent of Police, Mandi. On the next day, that is, 8.3.2001 the sample was sent to the Chemical Examiner, Kandaghat, for analysis, who opined the sample to be Charas.

3. Learned trial Judge, on appreciation of the evidence, convicted the accused under Section 20 of the Act, and sentenced him to suffer rigorous imprisonment for five years and to pay a fine of Rs. 30,000. In case of default in the payment of fine, the accused is to suffer simple imprisonment for one year.

4. Aggrieved the accused-appellant filed this appeal from Jail. As the accused-appellant was un-represented, Mr. Dushyant Dadwal, Advocate, was appointed as legal aid counsel for the accused-appellant.

5. I have heard Mr. Dadwal, learned Counsel for the accused-appellant and Mr. Ashok Chaudhary, learned Additional Advocate General, for the State. I have also been taken through the records by Mr. Dadwal, learned Counsel in detail.

6. Mr. Dadwal, learned Counsel raised several contentions: (a) Section 50 of the Act was not complied with; (b) independent witnesses were not associated with the search; (c) provisions of Sections 42 and 57 of the Act were violated by the Investigating Officer.

7. Mr. Dadwal, learned Counsel also pointed out certain discrepancies in the evidence of the witnesses to show that the prosecution has failed to establish the case against the accused beyond reasonable doubt.

8. In the present case, there is no scope of dispute that recovery was made from the bag carried by the accused and not from his personal search. Therefore, provisions of Section 50 of the Act were not applicable. There is preponderance of evidence that the Charas was recovered from a bag which the accused was carrying. It is the evidence of PW1 Narinder Kumar, that the accused tried to fled away from the front door when the bus was signalled to be stopped by the Sub-Inspector Om Parkash. The accused, however, was apprehended immediately on his alighting from the bus. He was found carrying a polythene bag and it was from this bag Charas, weighing 750 grams, was recovered. He is amply su