IMPORTANT POINT
Contraband--Recovery of one kg. of charas--Held to be non-commercial quantity of charas.

Sham Sunder, J.:- This appeal is directed against the judgment of conviction, and the order of sentence dated 4.8.2004, rendered by Judge, Special Court, Panipat, vide which it convicted the accused/appellant, for the offence, punishable under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter called as ‘the Act’ only), and sentenced him to undergo rigorous imprisonment for a period of ten years, and to pay a fine of Rs.1 lac, and in default of payment of the same, to undergo rigorous imprisonment for another period of one year, for having been found in possession of 1 Kg. Charas (which falls within the ambit of non-commercial quantity), without any permit or licence.

2. The facts, in brief, are that, on 6.3.2000, Pawan Kumar, ASI, alongwith other police officials, was present at Bus Stand, Bapoli, in connection with patrol duty, and checking of crime. Ram Kumar, an independent witness, met him, and when Pawan Kumar, ASI, was talking to him, he received a secret information, that one person belonging to the State of Himachal Pradesh, was sitting near the wall of Kanya High School, and was waiting for some customer, being in possession of Charas. On receipt of this information, Pawan Kumar, ASI, alongwith other police officials, went to the disclosed place, where the accused was found sitting. On seeing the police party, he got up, and started turning towards rooms of the School, alongwith the jute bag, but was apprehended. On enquiry, he disclosed his name as Uttam Chand S/o Dola Singh, caste Rajput, resident of Tharvi, District Kullu. The search of the bag, being carried by him, in accordance with the provisions of law, was conducted, in the presence of Umrao Singh, Naib Tehsildar, Bapoli, who was called to the spot, by sending a message, as a result whereof, 1 Kg. Charas was recovered therefrom. A sample of 100 grams was taken out, and the remaining Charas was put into a separate container. The sample, and the container, containing the remaining Charas, were converted into parcels, duly sealed, and taken into possession, vide a separate recovery memo. Ruqa was sent to the Police Station, on the basis whereof, formal FIR was registered. Rough site plan of the place of recovery, was prepared. The accused was arrested. After the completion of investigation, the accused was challaned.

3. On appearance, in the Court, the copies of documents, relied upon by the prosecution, were supplied to the accused. Charge under Section 20 of the Act, was framed against him, to which he pleaded not guilty and claimed judicial trial.

4. The prosecution, in support of its case, examined Surinder Singh, SI (PW-1), Rajender Singh, HC (PW-2), Bhupinder Singh, Constable (PW-3), Prem Singh, MHC, (PW-4), Umrao Singh, Naib Tehsildar, (PW-5), and Pawan Kumar, SI (PW-6), the Investigating Officer. Thereafter, the Public Prosecutor for the State, closed the prosecution evidence.

5. The statement of the accused under Section 313 Cr.P.C., was recorded, and he was put all the incriminating circumstances, appearing against him, in the prosecution evidence. He pleaded false implication. He, however, did not lead any evidence, in his defence.

6. After hearing the Public Prosecutor for the State, the Counsel for the accused, and, on going through the evidence, on record, the trial Court, convicted and sentenced the accused, as stated hereinbefore.

7. Feeling aggrieved, against the judgment of conviction, and the order of sentence, rendered by the trial Court, the instant appeal, was filed by the accused/appellant.

8. I have heard the learned counsel for the parties, and have gone through the evidence and record, of the case, carefully.

9. The Counsel for the appellant, did not assail the conviction recorded by the trial Court. He, however, submitted that the recovery of charas, effected from the accused, being 1 Kg, falls within the ambit of non-commercial quantity, as per the provisions of Section 2 (viia), of the Act. He fu