Credibility of witnesses and sentencing guidelines under the Narcotic Drugs and Psychotropic Substances Act, 1985

Surinder Singh, J. (Oral)-The appellants have challenged their conviction, passed by the learned trial court, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in short ‘the Act’, whereby each of them have been sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.1 lac, each and in default of payment of fine, they were further ordered to undergo imprisonment for one year each.

2. In short, the prosecution story can be summed up thus. On 28th February, 2005, PW7 SI Dorje Ram was heading a police party and was on patrol duty and for detection of crime in the area of Ropa, falling under Police Station Banjar in their government vehicle. At about 3.40 p.m., the police noticed the appellants coming from the opposite side, each of them having ‘Potalies’ (cloth bags) in their right hands. On seeing the police party, they got nervous. On this, police got suspicious, as such, the appellants were apprehended. There was no independent witness on the spot, therefore, PW7 SI Dorje Ram sent PW6 Constable Om Chand to find out the independent witnesses from Ropa side. He returned after about 20 minutes and brought PW4 Uttam chand of village Tinder and PW5 Anuj Kumar of village Gushiani. Both the witnesses were associated in the search operation. PW7 SI/SHO Dorje Ram asked from the appellants in the presence of the independent witnesses about their identity and expressed his intention to conduct their search and offered himself to be searched by the appellants.

3. On search of the Potali, which was in the possession of appellant Inder Singh, the police recovered two envelopes wrapped in a black Dupatta, containing 3 kgs Charas, out of which two samples of 25 grams each were drawn separately. Remaining Charas was put back in the same envelopes and wrapped in the same black Dupatta, then sealed with four seal producing the impression of English letter ‘B’. Each of the sample parcels were also sealed with the same seal. Seal impression of the said seal was also taken on a piece of cloth Ex.PB. NCB forms in triplicate were filled in. The facsimile of the aforesaid seal impression was also taken on each of the said forms, one of which is Ex.PW3/G. Seal after its use was handed over to PW4 Uttam Ram. This process took about half and hour.

4. Thereafter, the Potali, which was being carried by appellant Nirat Singh was also checked. It contained three envelopes, wrapped in a paper. On its further checking, SI/SHO Dorje Ram (PW7) recovered 3.5 Kgs of Charas. Two samples of 25 grams each were separately drawn from the recovered quantity and were sealed in a separate parcel with the seal that producing the impression of English letter ‘T’. Remaining bulk was sealed in the same Potali with the seal aforesaid. Seal impression was also taken on a piece of cloth Ex.PD. NCB forms in triplicate were filled in. The facsimile of the aforesaid seal impression was also taken on the said forms, one of which is Ex.PW3/F. Seal after its use was also handed over to PW4 Uttam Ram.

5. The case property was taken into possession vide memo Ex.PC. Copies of respective seizure memos were handed over to both the appellants. They were apprised of the offence committed by them and were arrested. Grounds of arrest were also apprised to them and the memos to that effect were also prepared.

6. Ruqa Ex.PW1/B was sent for registration of the case, on the basis of which FIR Ex.PW1/A was formally registered in Police Station Banjar.

7. PW7 SI/SHO Dorje Ram arrived at the Police Station Banjar alongwith case property and accused persons. The case property was deposited with PW3 MHC Chaman Lal alongwith the samples of seal and NCB forms with respect to the recovered aforesaid. Special report was also prepared and sent to Dy. S.P. Prem Chand within the stipulated time.

8. On 2nd March, 2005, PW3 MHC Chaman Lal sent one sample parcel bearing serial impression ‘B’ and another bearing seal impression ‘T’ along