IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.A No.796 of 2008 Date of decision : June 16, 2009 Nand Lal …Appellant. Versus State of H.P. …Respondent. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Appellant : Ms Archana Dutt, Advocate. For the Respondent : Mr. Ramesh Thakur Assistant Advocate General. Surjit Singh, J (Oral) This appeal by appellant Nand Lal is directed against the judgment, dated 24th September, 2008, of Special Judge, appointed under the Narcotic Drugs and Psychotropic Substances Act, whereby he has been convicted of offence, under Section 29(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985, and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.20,000/-, in default of payment of fine to undergo simple imprisonment for a further period of three months. 2. Allegations, on which the appellant was challaned, charged and tried for the aforesaid offence, may be summed up thus. On 6th April, 2006, PW-7 HC Ram Lal, accompanied by PW-1 HHC Chet Ram and some other Constables, went to Pandoh for traffic checking. They organized a Naka near the Dam. Around 10.30 a.m., Truck bearing registration No.HP- 23B-0304 came from Kullu side. It was got stopped and Whether reporters of the local papers may be allowed to see the judgment? …2… checked. Appellant, who was sitting in the driver’s cabin, appeared to have concealed something inside his sweater. That aroused the suspicion of PW-7 HC Ram Lal. He told the appellant that it was suspected that he was carrying some narcotic drug or psychotropic substance and, therefore, he intended to search his person and in case he so desired search could be arranged in the presence of a Magistrate or a Gazetted Officer. Appellant opted for being searched, on the spot, by HC Ram Lal. On search, two packets, containing charas, were found stuck to the belly of the appellant, by means of tapes. Contents of the packets smelt like charas. Two samples, each weighing 25 grams, were separated. Samples and the bulk charas were made into three separate parcels, which were sealed with a seal that produced the impression of English letter ‘T’. 3. Matter was reported to the Police Station, in writing, where a case was formally registered. Samples and the bulk charas were deposited with the SHO, who resealed the same with his own seal, which produced the impression of English letter ‘N’. NCB form was filled-in. One of the two samples was sent to the Chemical Examiner, who opined that it contained 35.06 per cent resin. On receipt of that report, challan was filed. 4. Prosecution examined PW-7 HC Ram Lal and PW-1 Chet Ram to prove the search and seizure of charas. Both these witnesses stated, with one voice, that they left Police Lines, Mandi, at 6.05 a.m., for traffic checking and went by a bus and …3… organized a Naka at the Dam site. They also stated that at 10.30 a.m., a Truck reached the site of Naka and the appellant was found sitting in the driver’s cabin and that something from inside the sweater, worn by him, was bulging out, which aroused their suspicion. They also stated that the appellant was informed that it was suspected that he was carrying some contraband on his person and so his person was intended to be searched and in case he so desired search could be arranged in the presence of a Gazetted Officer or a Magistrate. Further, they stated that the appellant opted for search on the spot by HC Ram Lal and on search two packets, containing a stuff, which smelt and looked like charas, was recovered and two samples, each weighing 25 grams, were separated from that stuff. There is no contradiction, worth noticing, in their testimony and, therefore, there should be no reason to disbelieve their statement. 5. Learned counsel representing the appellant submits that PW-6 Mehar Chand, Constable, who carried the sample to the Chemical Laboratory, did not testify that he had taken along the specimen impressions of the seal used for sealing the samples, both by PW-7 HC Ram Lal and the SHO, and, therefore, the certification by the Chemical Examiner that the seal impressions on the sample packet tallied with specimen seal impressions is false, on the face of it. Argument cannot be accepted for a number of reasons. First, the road certificate, on the reverse of which the concerned official of Chemical Laboratory wrote the receipt of sample, specifically mentions …4… that alongwith the sample he had received certain documents and also the specimen impressions of the seal. Secondly, specimen of the seals used by PW-7 HC Ram Lal, who sealed the parcels on the spot, as also the seal used by the SHO for resealing the parcels, were affixed on the forwarding memo, whereby the sample was sent to the Chemical Examiner. 6. No other point has been urged on behalf of the appellant. 7. Total weight of the recovered stuff was 900 grams. It contained 35.06 per cent resin. That means the charas content in the recovered stuff was 315 grams only. Looking to the quantity of the charas content in the recovered stuff, I feel that the ends of justice would be met in case the sentence of substantive imprisonment is reduced from three years rigorous imprisonment, as awarded by the trial Court, to two years rigorous imprisonment. I order accordingly. With this modification in the operative part of the judgment of the trial Court, appeal is dismissed. Revised jail warrant shall be prepared by the Registry and sent to the concerned Jail. Appeal stands disposed of. June 16, 2009(sd) ( Surjit Singh ), J