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2016 Supreme(HP) 879
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Sanjay Karol & Ajay Mohan Goel, JJ.
State of Himachal Pradesh – Appellant
Versus
Sunder Singh – Respondent
Cr. Appeal No. 263 of 2009
Decided On : 22-06-2016
For the Appellants :Mr. V.S. Chauhan, Addl. Advocate General with Mr. Vikram Thakur, Dy. Advocate General.
For the Respondent:Mr. Anand Sharma, Advocate.
The prosecution must prove compliance with the NDPS Act, and the credibility of witnesses is crucial in establishing guilt beyond reasonable doubt.
Headnote:
NDPS Act - Acquittal - Section 20 - [Narcotic Drugs & Psychotropic Substance Act, 1985, Section 20] - The court acquitted the accused for the commission of the offense under Section 20 of the NDPS Act. The prosecution failed to prove compliance with the provisions of Section 42(1), 42(2), and Section 50 of the NDPS Act. The defense's version was considered probable, and the court gave the benefit of doubt to the accused.
Fact of the Case:
The prosecution alleged that the accused was found in possession of charas during a police patrolling and 'Naka' duty. The accused pleaded not guilty and claimed trial. The prosecution examined eight witnesses, while the defense examined one witness. The defense contended that the police concocted the story and falsely implicated the accused.
Finding of the Court:
The court found that the prosecution failed to prove compliance with the mandatory provisions of the NDPS Act. The defense's version was considered probable, and the court gave the benefit of doubt to the accused, leading to the acquittal.
Issues: Non-compliance with the provisions of the NDPS Act, credibility of prosecution witnesses, lack of independent witnesses, and inconsistencies in the prosecution's case.
Ratio Decidendi: The court upheld the acquittal based on the failure of the prosecution to prove compliance with the NDPS Act and the credibility of the prosecution witnesses. The lack of independent witnesses and inconsistencies in the prosecution's case further supported the acquittal.
Final Decision: The court dismissed the appeal and confirmed the judgment of acquittal passed by the trial court. The accused was acquitted, and any bail bonds furnished by the accused were discharged.
Ajay Mohan Goel, J.
1. The present appeal has been filed by the State against judgment dated 15.10.2008 passed by the Court of learned Special Judge, Kullu in Sessions Trial No. 7 of 2008, vide which the learned Trial Court has acquitted the accused for the commission of offence under Section 20 of the Narcotic Drugs & Psychotropic Substance Act, 1985 (in short the ‘Act’).
2. In brief, the case of the prosecution was that ASI Jagat Singh along with HC Purshotam Lal, HC Hira Singh, Constable Sohan Singh and Constable Bhader Singh were on patrolling and ‘Naka’ duty at Sumo Ropa, District Kullu. On 14.11.2007, at around 2:30 a.m., a vehicle was coming from Manikaran towards Bhuntar. When driver of the said vehicle saw police party, he stopped the same at some distance of the ‘Naka’ and tried to run away. On suspicion, he was overpowered by the police party. On enquiry, he disclosed his name as Sunder Singh. Constable Bhader Singh was sent in search of local witnesses. A bag was recovered from the front seat of said vehicle. As no local person was found, accordingly, HC Purshotam Lal and Constable Bhader Singh were associated and on search 4 Kg 500 grams charas was recovered from the said bag. Besides this, a money belt, one passport, identity card, digital camera, ATM card and a scale was also found in the said bag. Samples were taken from the recovered charas and these samples as well as bulk charas were sealed. Rukka was sent to Police Station through HC Hira Singh for registration of the case. Thereafter, investigation was carried in the matter and on receipt of Chemical Examiner, challan was put up in the Court. Charge was framed against the accused under Section 20 of the NDPS Act and accused pleaded not guilty and claimed trial.
3. In order to substantiate its case, prosecution, in all, examined eight witnesses. Whereas, accused has also examined one witness in defence.
4. PW1, Purshotam Ram, has corroborated the story of prosecution. He has deposed that driver of the vehicle bearing registration No. HP-34A-3672 disclosed his name as Sunder Singh son of Hukam Singh. He further deposed that one bag was found lying in front of the seat by the side of the driver and he could not give any satisfactory reply about the bag. There being a suspicion that the bag may be containing some contraband, constable Bhader Singh was sent in search of local witnesses. He also deposed that interception was done on the road which was isolated place and Bhader Singh came after about 25 minutes and told that he knocked one or two doors but due to cold and odd hours nobody came out. In these circumstances, Investigating Officer, ASI Jagat Singh, associated him i.e. PW1 and Constable Bhader Singh, as witnesses in the process of search. He (PW1) personally searched accused Sunder Singh vide memo Ext. PW1/A. Thereafter, bag was searched and in the central pocket of the bag, 20 packets of charas along with ‘Batinuma’ charas were found wrapped with polythene. As per him, in the bag there were two wrapping papers, one cello tape and in the third pocket there was a money belt of cloth, which was of cozy colour and inside there was a passport, one ATM and one identity card and 15 photographs. Digital camera, scale and 4 Euros in the denomination of 50 each were also found in the said bag. The recovered charas was weighed with electronic scale and on weighing the same, it was found to be 4 Kg 500 grams. Two samples of 25 grams each were taken and thereafter the same was wrapped in polythene and put in cloth and was sealed with 4 impressions of seal ‘T’. Remaining charas along with other articles were put in the same bag and sealed with seal impression ‘T’. Thereafter, the sample charas, remaining charas and vehicle along with RC, driving licence were taken into possession, vide recovery memo Ext. PW1/B. This witness was declared as a hostile.
5. PW2, Manoj Kumari, has also corroborated the story of prosecution. She has deposed that on 14.11.2007 Inspe
