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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Hon'ble Judges: Lokeshwar Singh Panta and Abhilasha Kumari, JJ.
Manmohan Singh – Appellants
Vs.
State of H.P. – Respondent
Decided On: 26.12.2005
NDPS - Conviction under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 - [Section 20] - The judgment discusses the compliance with the provisions of Section 42 and 43 of the NDPS Act, the connection of the accused with the recovered contraband, and the ownership of the bag from which the contraband was seized.
Fact of the Case:
The accused was found in possession of Charas in a bag on a tourist bus. The prosecution presented evidence of the recovery and seizure of the contraband, while the accused claimed false implication.
Finding of the Court:
The court found that the prosecution had sufficiently established the connection of the accused with the recovered contraband and the ownership of the bag. The court also held that there was no serious prejudice caused to the accused and that the search and seizure were conducted in compliance with the law.
Issues: The issues included the compliance with the provisions of Section 42 and 43 of the NDPS Act, the connection of the accused with the recovered contraband, and the ownership of the bag from which the contraband was seized.
Ratio Decidendi: The court held that the prosecution had complied with the provisions of Section 42 and 43 of the NDPS Act, and had sufficiently established the connection of the accused with the recovered contraband and the ownership of the bag. The court also found that there was no serious prejudice caused to the accused and that the search and seizure were conducted in compliance with the law.
Final Decision: The appeal was dismissed, and the accused's conviction and sentence under Section 20 of the NDPS Act were upheld.
Abhilasha Kumari, J.
1. Manmohan Singh appellant (hereinafter referred to as "the accused") has filed this appeal against the judgment and order of conviction and sentence dated 30.7.2003 passed by learned Additional Sessions Judge, Mandi in Sessions Trial No. 31 of 2001 under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS" Act). He was sentenced to undergo simple imprisonment for 10 years and to pay a fine of Rs. 1,00,000/- (rupees one lac) failing which, he was to suffer simple imprisonment for two months.
2. The prosecution case is that on 6.4.2001 PW-12 Ashish Sharma Inspector/SHO, Police Station, Sadar Mandi alongwith PW-7 Sub-Inspector Brijesh Sood, ASI Ram Karan, ASI Raghubir Singh, Head Constable Kesar Singh, constable Surjay Chand and constable Jawala Ram was on routine patrol duty in the Seri Bazar Mandi. PW Ashish Sharma Inspector received a secret information at about 6.40 p.m. that Tourist bus bearing registration No. 1-1881 of Savagtam Travel coming from Manali on its way to Delhi, one person sitting on seat No. 31 of the said bus was carrying 'Charas' in his bag. PW-12 the empowered officer reduced the information Ext. P-12/ A into writing under Section 42 of the NDPS Act. A copy of information Ext. PW-12/A was sent to the Deputy Superintendent of Police, Mandi under Section 42(2) of the NDPS Act through PW-2 constable Udai Chand. The raiding party laid a 'Nakka' at Pull Gharat on the road between Mandi town and Sundernagar. The bus reached at Pull Gharat at about 7.45 p.m. which was signalled to be stopped. PW-11 Krishan Chand, the driver of the bus stopped the vehicle and PW-10 Khem Ram was its conductor. PW-12 alongwith PW-7 Sub-Inspector Brijesh Sood and other police personnel entered the bus and found one person sitting therein on seat No. 31. The name and antecedents of the said person were enquired into by the police, who disclosed his name Manmohan Singh the present accused. PW-12 made enquiry from the accused about his luggage. PW-10 conductor of the bus disclosed that one bag owned by the accused was kept in the Dicky of the bus, on which he wrote seat No. 31 with chalk. The police personnel alongwith the accused and conductor got down from the bus. PW-8 Yog Raj a shopkeeper was called to join the investigation/search. On the Dicky of the bus being opened by the conductor, bag Ex. P-l was taken out which bag carried the label of 'Unex' and on it, 31 was scribed with chalk. The accused is stated to have admitted the ownership of the bag. On opening the said bag few clothing's were found in the main portion of the bag and from inside pocket one key containing four keys, one death certificate of one Sh. Dhola Singh (wrongly mentioned as Sh. Bhola Singh in the judgment of the learned Additional Sessions Judge) and one Maxima Quartaz guarantee card in the name of Manmohan was found. Inside the clothes, three parcels of polythene papers sealed with tape were found. When these three packets were opened, they were found to be containing Charas in card board boxes in different shapes and sizes. Constable Jawala Ram was sent for bringing weighing machine from Police Canteen which he brought the same and on weighing the Charas, it was found to be 7 kg. 500 gms. Two samples of 50 gms each of Charas were separated and sealed in three cigarette empty packets with seal impression 'T'. Residue Charas weighing 7 kg. 400 grams was put in a polythene bag and wrapped with cloth and sealed with seal impression 'T'. The seal after use was handed over to PW-8 Yog Raj. All the above stated articles were taken into possession through memos Ex. PW-7/A and the copy of memo was given to the accused. Thereafter the rukka Ex.PW-12/C was scribed on the spot and sent through H.C. Kesar Singh for registration of FIR to the Police Station. Travelling ticket of the accused was taken into possession through memo Ex. PW-7/C. It was found by the Investigating Officer that the conductor had ret
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