JUDGMENT

Vivek Singh Thakur, J. - 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 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.

4. Before searching the person and shop of appellant, police officials along with witnesses had given their personal search to appellant vide memo Ext.PW1/D which was also witnessed by aforesaid witnesses and thereafter, during personal search of appellant, black sticks were recovered from his right pocket of pant, wrapped in polythene, which, on smelling, were found to be charas. On weighing, it was found 130 grams. Two samples of five grams each were extracted therefrom and thereafter 120 grams charas was seized in same polythene and two samples were seized in two different pieces of cloths and all these parcels were sealed with seal ''A'' and sample seal was also taken on separate piece of cloth Ext.PW12/B and NCB form and parcels were taken in possession vide memo Ext.PW1/E, which was also witnessed by aforesaid witnesses.

5. It is further case of prosecution that for recovery of charas from appellant, he was arrested and memo of arrest Ext.PW1/G was prepared and information of his arrest was given to his wife Sudha and in this regard endorsement Ext.PW1/H was made on Ext.PW1/G and it was also witnessed by witnesses, referred supra. At the time of arrest, personal search (Jamatalashi) of appellant was also conducted and memo Ext.PW1/F was prepared.

6. Ncb Form in triplicate was filled-in on spot by PW12 HC Nardev Singh and site map Ext.PW12/C was also prepared. Statements of witnesses were also recorded. On the basis of ruka sent to Police Station, FIR Ext.PW8/A was registered by PW8 SI Sher Singh and after making endorsement Ext.PW8/B on ruka, case file was sent back on spot through PW5 C.Som Nath.

7. Pw2 C. Jaswinder had handed over information under Section 41(1)(