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2003 Supreme(HP) 181
High Court Of Himachal Pradesh
R.L.KHURANA,M.R.VERMA
HIRA GIRI ALIAS HARDEV GIRI - Appellant
Versus
STATE OF H.P. - Respondent
Criminal Appeal No. 409 of 2001
Decided On : 07/23/2003
Mr. Anup Chitkaxa, Advocate, for the Appellant; Mr. D.C. Pathik, Additional AG with Mr. D.C. Nainta, Dy. A.G., for the Respondent.
The main legal point established in the judgment is the compliance of search procedures under Section 50 of the Act, the sufficiency of link evidence connecting the samples with the bulk Charas, and the applicability of the amended provisions of Section 20 of the Act to the pending appeal.
Headnote:
Narcotic Drugs - Conviction under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 50, Section 41(1) of the Amending Act - Summary of Acts and Sections: Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 - The court discussed the compliance of mandatory provisions of Section 50 of the Act, the link evidence to connect the samples of Charas with the bulk thereof, and the applicability of the amended provisions of Section 20 of the Act. The court analyzed the evidence and legal provisions to determine the compliance with search procedures, the connection between the samples and the bulk Charas, and the applicability of the amended provisions to the pending appeal.
Fact of the Case:
The accused was convicted under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of Charas. The prosecution's case was based on the recovery of Charas from the accused's possession during a raid and a subsequent disclosure statement made by the accused regarding additional Charas concealed in his room. The trial court found the accused guilty based on the recovery of Charas from his possession and sentenced him to rigorous imprisonment for ten years and a fine.
Finding of the Court:
The court analyzed the compliance of search procedures, the link evidence connecting the samples with the bulk Charas, and the applicability of the amended provisions of Section 20 of the Act. The court found that the search and recovery of Charas from the accused's possession complied with the mandatory provisions of Section 50 of the Act. The court also determined that the link evidence connecting the samples with the bulk Charas was complete and reliable. Additionally, the court considered the applicability of the amended provisions to the pending appeal and decided to give the benefit of the amended provisions to the accused, reducing his sentence based on the possession of non-commercial quantity of Charas.
Issues: The issues before the court included the compliance of search procedures under Section 50 of the Act, the link evidence connecting the samples with the bulk Charas, and the applicability of the amended provisions of Section 20 of the Act to the pending appeal.
Ratio Decidendi: The court held that the search and recovery of Charas from the accused's possession complied with the mandatory provisions of Section 50 of the Act. The court also found that the link evidence connecting the samples with the bulk Charas was complete and reliable. Furthermore, the court applied the jurisprudential philosophy underlying Article 20 of the Constitution of India to extend the benefit of the amended provisions to the accused, reducing his sentence based on the possession of non-commercial quantity of Charas.
Final Decision: The court partly allowed the appeal, maintaining the conviction of the accused under Section 20 of the Act for possession of non-commercial quantity of Charas. The court reduced the sentence imposed on the accused to rigorous imprisonment for three years and a fine of Rs. 33,000, with further rigorous imprisonment for one year in default of payment of the fine.
M.R. Verma, J.—This appeal is directed against the judgment dated 4.5.2001 passed by the learned Special Judge (Sessions Judge), Solan in Sessions Trial No. 23-S/7 of 2000 whereby the accused/appellant (hereafter referred to as the accused) has been convicted under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter referred to as the Act) and has been sentenced to undergo rigorous imprisonment for ten years and to pay fine of rupees one lac and in default of payment of fine, to undergo further rigorous imprisonment for three years.
2. The case of prosecution, in brief, is that on 4.5.2000 Sub-Inspector Rajinder Kumar (PW-11) received a secret information that the accused was travelling from Shimla towards Solan in self-driven Mahendra Jeep No. HP-09-045 wherein he was transporting Charas. The information was recorded in the form of daily diary report No. 17 (Ext. PN) a copy thereof was sent to the Superintendent of Police, Solan. A raiding party was then constituted by PW-11 consisting of independent witnesses Kanti Swarup (PW-1) and Maya Ram (PW-2) and police officials, namely, HC Medh Ram, Constables Harpal Singh, Ajit Singh and Manmohan Singh and a Nakka was laid at Salogra near Shiv Mandir on Chandigarh Shimla National Highway When the aforesaid Jeep, driven by the accused, reached there, it was stopped and the accused was apprehended and was informed by PW-11 that he suspected him to be in possession of some contraband. After disclosing his identity, PW-11 apprised the accused that he had a legal right to be searched either by an Gazetted Officer or a Magistrate or by him. The accused expressed his desire to be searched by PW-11 whereon SEHMATI PATRA Ext. PA was drawn up wherein the consent part for search by PW-11 Ext. PA/1 is in the handwriting of and signed by the accused. Thereafter PW-1 and other members of the raiding party gave their search to the accused and nothing incriminating was found on their persons. Memo. Ext. PB was prepared in this regard. Thereafter personal search of the accused was conducted. He was having a black belt bag (purse) around his waist. This bag contained four pouches of Charas and currency notes worth Rs. 5,950. Thereafter search of the vehicle was conducted and two polythene bags were found underneath the drivers seat of the Jeep. One of such bags contained five small pouches of Charas whereas the other contained seven pouches of Charas. The Charas recovered from belt bag weighed 200 gms. and that recovered from two polythene bags, weighed 620 gms. and 370 gms. respectively. Two samples of 25 gms. each were taken out of the Charas found in the belt bag and two samples of 25 gms. were taken out of the Charas recovered from the polythene bags found under the drivers seat. The samples and the bulk Charas were made into separate parcels which were sealed with seal impression H and were seized vide seizure memo. Ext. PC in the presence of the independent witnesses. One copy of the seizure memo, was given to the accused against receipt. PW-11 then drew up the Ruka Ext. PP and sent it to Police Station, Solan where formal FIR Ext. PR was recorded. Inspector Achharpal Singh, SHO Police Station, Solan then proceeded to the spot and took over the investigation. All the documents, sealed packets containing the samples and bulk Charas and the case file, including three NCB. Forms, were handed over to him by PW-11 vide memo. Ext. PQ. He re-sealed the case property with seal A, prepared Naksha Mauka Ext. PS and took in possession the Jeep and its documents vide memo. Ext. PM.
3. On 5.5.2000 while in police custody, the accused made a disclosure statement Ext. PH to ASP Lakshmipati (PW-13) in the presence of Devinder Singh (PW-3) and Mohan Singh regarding concealing of Charas in a wooden box in his room near Galu Temple in Shimla. Such a statement was recorded and is Ext. PH. Pursuant to the said statement, the accused got recovered Charas weighing 8 kgs. 900 gms.
