The judgment emphasizes the importance of compliance with search and seizure provisions, the need for evidence of exclusive possession, adherence to Narcotics Control Bureau instructions, and obtaining proper permission for conducting raids in specific areas under the Narcotic Drugs and Psychotropic Substances Act.

Rajesh Tandon, J.

This is an appeal against the judgement and order dated 01-05-2002 passed by the Special Judge, Bageshwar, convicted the accused-appellant under section 20 (b) (i1) read with section 22 of Narcotic Drugs and Psychotropic Substances Act and sentencing him to undergo rigorous imprisonment for 12 years and to pay a fine of rupees two lacs and in default of payment of fine to further undergo simple imprisonment for six months.

2. Briefly stated the facts giving rise to the present appeal are that on the basis of information received by the police from some informer, police conducted a raid in the house of Govind Singh in village Kapkote, District Bageshwar on 25-10-2001 at about 7.30.AM'. Mr. D.S. Negi, Deputy Superintendent, headed the Police party. Accused Harman Chrust was found present in the house. After making search of the room police recovered 6.800 Kg. Charas, which was kept in a raksin bag hanging on the wall. The Police took a sample of 200 gm. Charas for chemical analysis and remaining Charas was sealed in the bag. On personal search of the accused a sum of Rs. 14,800/and a passport was recovered. The Police tried to procure public witnesses but the public persons denied to be witness of the recovery. The police prepared recovery memo EX.ka-1 and information regarding the arrest of the accused was sent to the embassy of Germany. The accused along with the recovered material was brought to Police Station, Bageshwar, where F.I.R. EX.ka-7 was lodged and a case was registered in the G.D. at serial no. 15 on 25-10-2001 at 11.45 AM. The recovered Charas was sent to Malkhana through letter EX.ka-4. As the case was related to the Revenue Police Circle, therefore, the case was transferred to Tehsildar Kapkote who handed over the Investigation of the case to Naib Tehsildar, Kapkote through letter EX.Ka-10. The Investigation Officer visited the place of occurrence and prepared site plan Ex. Ka-S. He took statement of witnesses and after completing investigation submitted charge sheet Ex. Ka-6 against the accused.

3. The accused was charged for the offence punishable under section 20(b) read with section 22 of the Narcotic Drugs and Psychotropic Substances Act, he pleaded not guilty and claimed to be tried.

4. To prove its case, the prosecution examined P.W.1 Head Constable Jagdish Prasad, P.W. 2 Devendra Singh Negi, Dy. S.P. P.W.3 Uday Singh Rana, Tehsildar, P.WA Gopi Chandra Arya, Kanoongo, P.W.S Mohmmed Ali, Head Moharir and P.W.6 Khushal Ram, Patwari.

5. The accused in his statement under section 313 Cr.P.C. denied the prosecution allegations and stated as under :

"I was sitting in a tea stall near Kapkot, some local persons were also sitting there in the tea stall and they were having some bags. In the mean time some police persons came there. The local persons who were sitting there ran away from the back side of the tea stall. The bags were left away by these local persons in the tea stall. Police persons asked me about the bags. I replied that I have no knowledge about the bags and do not know about the ownership of the bags. The police persons looked into the bags. As all the persons along with the owner of the tea stall had run away the police took me with them to police station for inquiry. The Police snatched away my money, passport, visa at Police Station. They implicated me falsely. I was never the tenant of Govind Singh and I was not arrested from the room of Govind Singh. I am an Automobile Engineer and came to India as a tourist. I do not know what a thing called Charas. I never used it. I am ideal and bonafide citizen of my country. "

6. No evidence in defence has been adduced.

7. The learned Special Judge after considering the evidence on record held the accused guilty of the offence punishable under section 20(b) (ii) read with section 22 of the N.D.P.S. Act and convicted and sentenced him as stated above. Feeling aggrieved the present appeal has been filed.

8. We have heard th