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2015 Supreme(HP) 487
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Sanjay Karol, P.S. Rana, JJ.
Tapat Bahadur Shahi - Appellant
Versus
State of Himachal Pradesh - Respondent
Criminal Appeal No.322 of 2011
Decided On : 22.5.2015
For the Appellant : Mr. Anoop Chitkara, Advocte.
For the Respondent:Mr. Ashok Chaudhary, Mr. V.S. Chauhan, Additional Advocates General and Mr. J.S. Guleria, Assistant Advocate General.
The prosecution must establish guilt beyond reasonable doubt, and credible, reliable evidence is crucial in cases involving contraband substances.
Headnote:
Narcotic Drugs - Conviction under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 - Section 20
Fact of the Case:
The appellant was convicted of possessing contraband substance. The prosecution's case was based on the recovery of the substance from a vehicle occupied by the appellant and others. The trial court convicted the appellant, while the co-accused were acquitted.
Finding of the Court:
The court found that the prosecution failed to establish beyond reasonable doubt that the contraband substance was in the conscious possession of the appellant. The court also highlighted discrepancies and lack of credible evidence in the prosecution's case.
Issues: The main issue was whether the prosecution had proven the appellant's conscious possession of the contraband substance.
Ratio Decidendi: The court emphasized that the prosecution must establish guilt beyond reasonable doubt. It also highlighted the importance of credible and reliable evidence, especially in cases involving contraband substances.
Final Decision: The appeal was allowed, and the appellant was acquitted of the charged offence. The judgment of conviction and sentence was set aside, and the appellant was ordered to be released from jail.
Sanjay Karol, Judge
Record reveals that no appeal stands filed by the State against the judgment of acquittal of four co-accused persons. In fact, under instructions from the State, learned Additional Advocate General made a specific statement that neither any appeal against the judgment of acquittal of these co-accused persons stands filed nor was it sought to be filed. Hence, we proceed to decide the appeal, so filed by the present appellant Tapat Bahadur, who alone stands convicted.
2. Appellant-convict Tapat Bahadur, hereinafter referred to as the appellant, has assailed the judgment dated 17.5.2011/20.5.2011, passed by Special Judge, Fast Track Court, Shimla, Himachal Pradesh, in Sessions Trial No.6-S/7 of 2010, titled as State of Himachal Pradesh v. Rajiv alias Sanju & others, whereby he stands convicted of the offence punishable under the provisions of Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and sentenced to undergo rigorous imprisonment for a period of ten years and pay fine of Rs.1,00,000/- and in default of payment thereof, to further undergo rigorous imprisonment for a period of one year.
3. It is the case of prosecution that in the night intervening 24.11.2009 & 25.11.2009, ASI Harjit Singh (PW-8) alongwith HHC Ram Lal (PW-7), was on a patrol duty and had set up a naka near Beas Dhaba, 16 Meel, District Shimla. At about 4.10 a.m., an Alto Car bearing number HP-01A-6515, driven by co-accused Rajiv Kumar alias Sanju, was stopped for checking. In the vehicle, coaccused Vinod Kumar was sitting on the front seat and the remaining accused persons namely Tapat Bahadur (appellant), Nain Bahadur and Zamil were sitting on the rear seat. Upon checking the vehicle, police recovered one bag, concealed under the driver’s seat, which contained charas like substance in the shape of Damru. Upon weighment, it was found to be 1.850 kgs. The same was sealed with seal impression ‘T’ and seized vide Memo (Ex. PW-1/B). Search and seizure operations were carried out in the presence of independent witnesses Dharam Parkash (PW-1), Sanjeev Sood (PW-2) and Virender (not examined). HHC Ram Lal took the ruka (Ex. PW-7/A), on the basis of which FIR No.229 dated 25.11.2009 (Ex. PW- 9/A), under the provisions of Section 20 of the Act, was registered at Police Station, Shimla West, District Shimla. File was taken back to the spot and necessary formalities completed, including filling up of NCB form (Ex. PW-8/B). All the accused persons (occupants of the vehicle) were arrested and informed about the ground of arrest. Case property as also the accused were produced before Inspector Gurdeep Singh (PW-9), who resealed the parcel with his seal impression ‘B’. Thereafter, it was deposited with the MHC Nand Lal (PW-6), who kept the same in the Malkhana. Special Report (Ex. PW-5/A), so prepared by Harjit Singh, was presented before Madan Lal (PW-10), working in the Officer of ASP, Shimla. Contraband substance was sent to the Forensic Science Laboratory, Junga, for analysis, through Constable Kishori Lal (PW-3). Report of the Laboratory (Ex.PY) revealed the contraband substance to be Charas. On completion of investigation, which prima facie revealed complicity of the appellant and his co-accused in the alleged crime, challan was presented in the Court for trial.
4. All the accused persons, were charged for having committed an offence punishable under the provisions of Section 20 of the Act, to which they did not plead guilty and claimed trial.
5. In order to establish its case, prosecution examined as many as 12 witnesses and statements of the accused persons, under the provisions of Section 313 of the Code of Criminal Procedure, were also recorded. All the accused, though admitted their presence on the spot, pleaded false implication.
6. Based on the testimonies of the witnesses and the material on record, trial Court only convicted and sentenced appellant Tapat Bahadur. Remaining coaccuse
