Point of Law: Stringent punishment has been provided for offences punishable under NDPS Act.

JUDGMENT :

Virender Singh, J.

Appellant Surat Ram, has filed the present appeal, under Section 374 of the Criminal Procedure Code (hereinafter referred to as ‘the Cr. P.C.), against the judgment of conviction and order of sentence, dated 5.4.2019, passed by learned Special Judge, Chamba, (hereinafter referred to as, ‘the trial Court’) in Session Trial No. 06/2017, under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, (hereinafter referred to as, ‘the NDPS Act’).

2. By way of the judgment of conviction and order of sentence, the appellant has been convicted by learned trial Court for the commission of offence punishable under Section 20 of the NDPS Act and sentenced to undergo rigorous imprisonment, for a period of 11 years and to pay a fine of Rs. 1,00,000/-, and in default of payment of fine amount, he was further directed to undergo rigorous imprisonment, for a period of one year.

3. The parties to the appeal, herein are referred to, in the same manner, in which, they were referred to, by learned trial Court.

4. Brief facts, leading to filing of the present appeal, before this Court, as emerged from the records, are as under :

On 27.10.2016, HC Dev Raj, Incharge, Police Post, Nakrod forwarded the Rukka to the police station, Tissa for registration of the FIR, disclosing therein that on 27.10.2016, he, alongwith other police official, was on patrolling and picketing duty. At about 3:35 a.m. the Investigating Officer alongwith other police officials was present at Bhaled Zero Point and put the picketing there. In the meanwhile, a vehicle bearing No. HP01C1208, being driven by its driver, came there from Beer side. The Investigating Officer had signalled the said vehicle to stop. Consequently, the driver had stopped the vehicle. The driver, on inquiry, had disclosed his name as Dumnu Ram. In the meanwhile, the Investigating Officer noticed one person coming there on foot, carrying a bag on his shoulder. On seeing the police party, he got perplexed and tried to run away, upon which, the Investigating Officer had given a warning to him to stop, but, the said person had made an attempt to flee away. As such, the Investigating Officer, with the help of other police officials, nabbed him.

4.1 Due to the activities of the said person, the Investigating Officer developed a suspicion, in his mind, that he might be having some narcotic substance or illegal thing, in his possession.

4.2 On inquiry, the said person had disclosed his name as Surat Ram. Thereafter, the Investigating Officer had apprised him about his suspicion that he might be possessing some narcotic substance, in his rucksack. The Investigating Officer had apprised him of his right to get his bag searched, in the presence of Magistrate or Gazetted Officer. The Investigating Officer had also apprised the accused about the provisions of Section 50 of the NDPS Act, upon which, the accused had opted to give his search to the Police. Thereafter, the I.O. prepared the consent memo, which was signed by the independent witness, Dumnu Ram and other police officials. Thereafter, the rucksack, was opened.

4.3 On opening the same, the rucksack was found containing another blue coloured bag, which, on opening was found to be containing stick shaped black coloured substance. The said substance, on smelling and on the basis of experience, was found to be charas/cannabis. On weighment, the said substance was found to be 3 kg 200 grams. The contraband, so recovered and sealed, was sent to the SFSL for chemical analysis. Other codal formalities were completed. After completion of the investigation and after securing the positive report of FSL, the Police filed the Challan under Section 20 of the NDPS Act, against the accused, before learned trial Court.

5. On the basis of report under Section 173(2) of Cr. P.C. as well as accompanying documents, including the statements of witn