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2016 Supreme(HP) 529
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rajiv Sharma & Chander Bhusan Barowalia, JJ.
State of Himachal Pradesh - Appellant
Versus
Sunil Kumar - Respondent
Cr. Appeal No. 465/2012
Decided On : 26-05-2016
For the Appellant :Mr. P.M. Negi, Deputy Advocate General.
For the Respondent:Mr. Vijay Bir Singh, Advocate.
The main legal point established in the judgment is the requirement for the prosecution to prove the accused's possession of contraband beyond reasonable doubt, as well as the admissibility of expert reports in identifying prohibited substances.
Headnote:
Narcotic Drugs - Prosecution of Offence under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 - Section 20
Fact of the Case:
The prosecution alleged that the accused was found in possession of Charas and was charged under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985. The accused was acquitted by the trial court, leading to the state's appeal.
Finding of the Court:
The court found that the contraband was recovered from the exclusive possession of the accused and that the prosecution had proved its case beyond reasonable doubt. The appeal was allowed, and the accused was convicted under Section 20 of the Act.
Issues: The main issue was whether the prosecution had proved the accused's possession of the contraband beyond reasonable doubt.
Ratio Decidendi: The court relied on the provisions of Section 50 of the Act, which outlines the rights of a person to be searched by the police. The court also referenced a previous judgment to establish the legal requirements for identifying Charas and the admissibility of expert reports.
Final Decision: The accused was convicted for the offence punishable under Section 20 of the Act, and the appeal was allowed.
Rajiv Sharma, J.
The State has come in appeal against Judgment dated 13.7.2012 rendered by the learned Special Judge, Fast Track Court, Chamba, District Chamba (HP) in Sessions Trial No. 2/2012, whereby respondent-accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act' for convenience sake), has been acquitted by the learned trial Court.
2. Prosecution case, in a nutshell, is that on 15.1.2012 at around 3.30 AM, PW-10 IO/HC Shoukat Ali accompanied by Constable Suresh (PW-1), SPO Jamal Deen (PW-2) and SPO Jan Mohd. was present on routine traffic checking and picketing at Zero Point, Jassourgarh. A Maruti car No. HP-47-0149 came from the side of Jassourgarh being driven by accused. On seeing the police, accused alighted from the aforesaid vehicle and after locking the same ran away towards Jassourgarh. Police apprehended the accused. It was a secluded and isolated place. No independent witnesses were available. Accused was apprised of his right under Section 50 of the Act. He opted to be searched by the police party. On personal search of accused one white coloured cloth bag was found inside his jacket, sweater and shirt worn by him. White coloured bag was found on his belly side. On checking the same, a transparent polythene bag containing hard substance in the shape of black coloured sticks was recovered. It was found to be Charas. It weighed 1 kg. The recovered Charas was put in same polythene bag and polythene bag was put in a cloth bag. Thereafter, in the presence of Jamal Deen, Car was also checked. Beneath the driver seat, one cream coloured bag was recovered containing polythene bag. On opening the polythene bag, hard substance in the shape of black coloured sticks was found. It was found to be Charas. It also weighed 1 kg. Charas so recovered was put in the polythene bag and polythene bag was put back in cream coloured bag. Sealing proceedings were completed on the spot. NCB form in triplicate was filled in. Rukka Ext. PW-5/A was prepared and sent to the Police Station for registration of FIR. FIR Ext. PW-4/A was registered. On reaching the Police Station, Shoukat Ali deposited the case property with MHC Bachhan Singh (PW-4). He made entry to this effect in the Malkhana Register. Case property was sent to the FSL Junga. Report of FSL Junga is Ext. PX.
3. Prosecution has examined as many as ten witnesses to prove its case against the accused. Accused was also examined under Section 313 CrPC. He pleaded innocence. DW-1 Ashraf Khan and DW-2 Vijender Kumar, were examined from the defence side. Accused was acquitted as noticed above. Hence, this appeal by the State.
4. Mr. P.M. Negi, Deputy Advocate General has vehemently argued that the prosecution has proved its case against the accused.
5. Mr. Vijay Bir Singh, Advocate, has supported the Judgment dated 13.7.2012.
6. We have heard the learned counsel for the parties and also gone through the Judgment and record carefully.
7. Suresh Kumar (PW-1) testified that on 15.1.2012, he alongwith HC Shoukat Ali, SPO Jamal Deen and SPO Jan Mohd. at around 3.30 AM, was present at Zero Point, Jassourgarh road. One vehicle came from the side of Jassourgarh. On seeing the police, driver stopped the vehicle and after alighting and locking the vehicle ran away towards Jassourgarh. He was nabbed. He disclosed his identity. It was a lonely place. There was no habitation in nearby area of 2 kms. Accused was searched. Search memo Ext. PW-1/A was prepared. On personal search of accused, one white coloured cloth bag was found inside the shirt on belly side. Bag was taken out. It contained polythene bag. The polythene bag contained hard substance in the shape of black coloured sticks. It was found to be Charas. It weighed 1 kg. Car was also searched. Beneath the driver seat, one cream coloured bag was found. It contained another pol
