Back
HIMACHAL PRADESH HIGH COURT
HON’BLE MR. JUSTICE SURINDER SINGH, J.
ROSHAN LAL
Appellant
VERSUS
STATE OF HP
Respondent
Cr. Appeal No. 91 of 2009
Decided on 25-02-2010.
Narcotic Drugs - Conviction under Section 15 (b) of the Narcotic Drugs Psychotropic Substances Act, 1985 - Section 2(xviii), Section 2(xvii)
Fact of the Case:
The appellant was convicted for possessing 14.500 Kgs. of 'poppy straw' and sentenced to 7 years imprisonment and a fine of Rs.50,000. The prosecution's evidence included the recovery of the contraband from the appellant's scooter and chemical examination confirming it as 'poppy straw'. The appellant denied guilt and claimed trial.
Finding of the Court:
The court found that the link evidence was not complete and the recovered substance was not proved to be 'poppy straw' as defined in the Act. The court held that the appellant was not liable for the offence charged and set aside the conviction and sentence, ordering the appellant's immediate release.
Issues: Completeness of link evidence, conformity of recovered substance with the definition of 'poppy straw' under the Act
Ratio Decidendi: The court emphasized the need for complete evidence to establish the integrity of the recovered substance from the time of seizure to its examination. It also scrutinized the definition of 'poppy straw' under the Act and held that the recovered substance did not conform to this definition.
Final Decision: The court set aside the conviction and sentence, ordering the immediate release of the appellant.
Surinder Singh, J.(Oral)-Appellant is feeling aggrieved by the judgment of conviction passed by the learned trial Court under Section 15 (b) of the Narcotic Drugs Psychotropic Substances Act, 1985, in short “the Act” for allegedly possessing 14.500 Kgs. “poppy straw” (Bhuki) and was sentenced to undergo imprisonment for a period of 7 years and to pay a fine of Rs.50,000/- with default clauses, as such filed the instant appeal on law and facts.
2. The prosecution story as emerges from the prosecution evidence can be summed up thus. On 16th July, 2006, a police party headed by PW-14 ASI Chain Singh was on excise raid and was on their way to village Channi in District Kangra, HP. At about 4.30 a.m., when they reached near ‘Tiyora Sugar Factory’, a secret information was received that the appellant would be coming on his scooter from the side of Milwan village alongwith some contraband. PW-14 aforesaid prepared the report Ext.PW-6/A and sent it to the, SDO (P), Nurpur through HHC Karnail Singh and Ruka was also sent to the SHO for the registration of the case. Thereafter he associated two independent witnesses, i.e., PW-1 Mengha Ram and PW-2 Ram Lal the case file was also received and they laid a Naka at a place known as ‘Tiyora’.
3. The appellant came on a scooter around 7.15 a.m. from Milwan side. He was signaled to stop, but seeing the police party he got perplexed and dashed the scooter with the stationary police vehicle. He was over-powered. Police informed him that he was suspected of having contraband in his possession and was given an option to be searched by the police or by the Gazetted Officer or by the Magistrate. The appellant opted to be searched by the police party. To this effect consent memo Ext.PW-1/B was prepared.
4. The police party rendered themselves to be searched by the appellant including the independent witnesses, but nothing incriminating material was found. To this effect memo Ext.PW-3/B was prepared. Thereafter PW-14 ASI Chain Singh conducted the personal search of the appellant, but nothing was recovered from him. However, on the search of the scooter, beside the footrest one plastic bag was found on which ‘Tata Salt’ was written. On its search, police recovered 9 packets of Bhuki (“poppy husk”). The weights and scales were arranged and entire recovered material was weighed. It came to be 14.500 Kgs.
5. Out of the recovered quantity, two packets weighing 100 grams each were prepared and put in polythene packet and each packet was sealed with seal impression “A” with three seals and the remaining packet of Bhuki was put in the bag alongwith nine empty packets. The bag was put in a parcel of cloth and sealed with seal impression “A”. The NCB forms in triplicate were prepared. The seal after its use was handed over to PW-1 Mengha Singh.
6. The case property alongwith scooter bearing registration No.PB-35B-2688 was taken into possession vide memo Ext.PW-1/A. Its copy was also supplied to the appellant.
7. PW-14 ASI Chain Singh prepared the site plan Ext.PW-14/B and recorded the statements of the witnesses. He arrested the appellant and brought him to the Police Station alongwith the case property.
8. The case property was produced before Inspector/ SHO Ambiya Ram. He resealed the said parcels with the seal producing English letter “S”. Thereafter the case property was handed over to PW-13 officiating MHC Budhi Singh.
9. On 17th July, 2006 special report was prepared and sent to Superintendent of Police, Kangra at Dharamshala, copy whereof is Ext.PW-5/A. The photographs of the case property were also obtained in the Police Station. The samples of “poppy-husk” were sent for the chemical examination through PW-10 Constable Ranjit Singh, which tested positive, as per report Ext.PW-12/B.
10. After completing the investigation the case was presented in the Court for the trial of the appellant. The appellant was put to trial. He abjured his guilty and claimed trial.
11. To prove its case the prosecuti
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
