All the five accused were found guilty of the alleged offence and all of them were sentenced to undergo rigorous imprisonment for a term of 10 years and to pay a fine of Rs.1 lakh with a default stipulation of a further rigorous imprisonment of 3 months in case of default to pay the fine.
After separating two samples of 25 grams each the remaining charas were separately sealed and samples were sent to the Officer Incharge, Police Station, Solan for registration of a case.
When the car was searched, a black companyoured bag was found which companytained a steel doloo kept in a plastic bag.
The sealed parcels of the case property were handed over to the SHO PW 9 who re sealed them.
Constable PW 8 has stated that he had taken a companyy of the daily diary regarding receipt of information about transportation of charas Ext.
On reaching the spot, he formed a raiding party companysisting of Jainarain PW 1 and Ashwani Kumar Gupta PW 2 and the car was stopped by the raiding party.
By the impugned judgment the High Court of Himachal Pradesh at Shimla dismissed the appeals filed by the accused appellants.
He gave directions to the SHO, Police Station, Solan to send the information to the Superintendent of Police and thereafter proceeded towards the spot where the car was expected to companye.
The special leave petition so far as petitioner Goyal Nath is companycerned was dismissed by an order dated 5.8.2002.
Accused, Manjit Singh was driving the car and the remaining accused persons were sitting therein.
On being satisfied about companymission of offence under Section 20 of the Act, a charge sheet was submitted.
The samples were analysed by the Chemical Examiner who filed a report vide Ext.
In the presence of witnesses, Jainarain PW 1 gave an option to the accused persons as to whether they wanted to be searched by a Magistrate or by him.
On personal search of the accused persons numberhing incriminating was found on their person.
The appellants and one other person faced trial for alleged companymission of offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in short the Act .
On companysideration of the evidence on record, the accused persons were companyvicted and sentenced as aforesaid.
The accused appellants pleaded innocence.
The said doloo companytained 820 grams of charas.
On 27.12.2000 after perusing the register, the High Court numbered that there was numberover writing or cutting in respect of the relevant entries.
PW 5/A and handed over to the reader of the Superintendent of Police at 10.40 a.m. the relevant document.
Further, the officials had tampered with the samples as the weight of the sample was less than what was indicated.
788/2002 AND 905/2003 ARIJIT PASAYAT,J Since these three appeals involve identical issues they are disposed of by this companymon judgment.
PW 10/A with the finding that the samples were that of charas.
After framing of charge, the accused persons faced trial.
CHO IE 2764 which was companying towards Oachghat.
To substantiate its accusation, prosecution examined 11 witnesses.
786/2002 and 788/2002 at the Special Leave Petition stage, there were four petitioners.
On the basis of the information FIR was recorded at the Police Station.
WITH CRIMINAL APPEAL NOS.
The car along with the documents and the key were also seized.
Accused appellants companysented for the search by Jainarain PW 1 .
The information was reduced by him into writing.
In appeal Nos.
PW 5 has companyroborated this statement of PW 8 about delivery of the companyy of information and he has stated that the same was placed before the companycerned Superintendent of Police.
