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2015 Supreme(HP) 692
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rajiv Sharma & Sureshwar Thakur, JJ.
Naseeb – Appellant
Versus
State of Himachal Pradesh – Respondent
Cr. Appeal No. 448 of 2012
Decided On : 9.7.2015
Advocate Appeared:
For the Appellant:Mr. Manoj Pathak, Advocate.
For the Respondent:Mr. Ramesh Thakur, Assistant Advocate General.
The judgment emphasizes the necessity of proving guilt beyond reasonable doubt and the importance of proper handling and documentation of case property in ND & PS cases.
Headnote:
Narcotic Drugs and Psychotropic Substances Act - Conviction under Sections 18 & 29 - [ND & PS Act, 1985, Sections 18, 29]
Fact of the Case:
The accused was convicted for possession of opium found in a vehicle during a police patrol. The prosecution presented 19 witnesses and the accused denied the charges. The trial court convicted the accused, leading to this appeal.
Finding of the Court:
The court found that the prosecution failed to prove the case beyond reasonable doubt, highlighting discrepancies in the handling and documentation of the case property. The appeal was allowed, and the accused was acquitted due to benefit of doubt.
Issues: The main issue was the sufficiency of evidence to prove the accused's guilt beyond reasonable doubt under Sections 18 & 29 of the ND & PS Act.
Ratio Decidendi: The court emphasized the requirement for proper handling and documentation of case property in ND & PS cases, and the need for conclusive evidence to establish guilt beyond reasonable doubt.
Final Decision: The appeal was allowed, the conviction was set aside, and the accused was acquitted. Any fine deposited was ordered to be refunded, and the accused was to be released from jail.
Rajiv Sharma, J.
1. This appeal is instituted against the judgment and order dated 6.10.2012 and 10.10.2012, respectively, rendered by the learned Special Judge, Shimla, H.P. in Sessions Trial No. 4-S/7 of 2011, whereby the appellant-accused (hereinafter referred to as the accused), alongwith other co-accused, was charged with and tried for offence punishable under Sections 18 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ND & PS Act), has been convicted and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs. 1,00,000/- and in default of payment of fine, he was further ordered to undergo simple imprisonment for one year. The co-accused namely, Hameed Mohammad, Gudoo Ram, Rameshwar Singh and Ashok Kumar were acquitted.
2. The case of the prosecution, in a nut shell, is that on 7.1.2011, during night time at about 1:15 AM, at place Sarivan, bypass NH-22, Shimla-Rampur police officials were on patrolling duty. A vehicle was signaled to stop. One bag was found on the lap of accused Naseeb. The number of the vehicle was HP-12C-2302 (Bolero jeep). Since the incident took place at an isolated place, no independent witnesses could be procured. ASI Rajinder Singh and Constable Ramesh Chand were associated as witnesses. The bag was searched. Opium was found in the polythene envelope kept in the bag. It weighed 1 kg. 400 gms. NCB forms in triplicate were prepared and seal impressions were obtained on a piece of cloth. The contraband was sealed and the same was deposited before the MHC. He sent the same to FSL for chemical examination. The investigation was completed and the challan was put up after completing all the codal formalities.
3. The prosecution, in order to prove its case, has examined as many as 19 witnesses. The accused was also examined under Section 313 Cr. P.C. The accused has denied the prosecution case. The learned trial Court convicted the accused, as noticed hereinabove. Hence, this appeal.
4. Mr. Manoj Pathak, Advocate, appearing on behalf of the accused, has vehemently argued that the prosecution has failed to prove its case against the accused. On the other hand, Mr. Ramesh Thakur, Assistant Advocate General for the State has supported the judgment and order of the learned trial Court dated 6/10.10.2012.
5. We have heard learned counsel for both the sides and gone through the judgment and records of the case carefully.
6. PW-1 ASI Yoginder Singh, deposed that on 7.1.2011, the police party left the Police Station for routine patrol duty at 12:30 AM. The police party was camping on NH-22 in the area of Sariwan. At about 1:15 AM, Bolero Camper bearing No. HP-12C-2302 was noticed on way from Matiyana side towards Shimla. The police party laid the naka. The vehicle was stopped. The person sitting on the front seat was found in possession of one black bag. It was kept on his lap by him. SHO interrogated the other occupants of the jeep. The contents of the bag were also checked. It was found to be containing one polythene envelope. The polythene envelope contained black substance. It weighed 1 kg. 400 grm opium. The opium was packed and sealed in a packet with seal ‘A’ and was taken into possession vide recovery memo Ext. PW-1/B. The black bag alongwith the polythene envelope were sealed alongwith the opium in the same packet. The SHO prepared report Ext. PW-1/C. He signed recovery memo Ext. PW-1/B. The case property was examined in the Court while examining PW-1 Yoginder Singh. It was produced by APP. The packet contained bag of black colour Ext. P-1, the polythene envelope Ext. P-2 and Opium Ext. P-3. A clear impression of seal “A” was noticed vide Ext. PW-1/F.
7. PW-2 HHC Ramesh Kumar, also deposed the manner in which the jeep bearing registration No. HP-12C-2302, was signaled to stop, searched and sealing proceedings were completed on the spot. He also signed the recovery memo Ext. PW-1/B. SHO prepared the report Ext. PW-1
