Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rajiv Sharma, Vivek Singh Thakur, JJ.
Prem Lal – Appellant
Versus
State of Himachal Pradesh – Respondent
Cr. Appeal No. 165 of 2016
Decided On : 24-06-2016
Narcotic Drugs & Psychotropic Substances Act - Drug Offenses - Section 50, Section 2(vi), Section 42 - The court discussed the provisions of Section 50 of the Narcotic Drugs & Psychotropic Substances Act, 1985 and its applicability in the case. It also referenced Section 2(vi) defining 'cannabis plant' and Section 42 regarding the power of entry, search, seizure, and arrest without warrant.
Fact of the Case:
The accused was apprehended with a bag containing 3 kg of Charas and 20 grams of smack. The prosecution presented evidence through witnesses and completed all codal formalities at the spot.
Finding of the Court:
The court found that the prosecution had proved its case against the accused, and there was no reason to disbelieve the statements of the official witnesses. The court also held that Section 50 of the Narcotic Drugs & Psychotropic Substances Act, 1985 was not applicable in this case as contraband had been recovered from the bag.
Issues: The issues revolved around the compliance with Section 50 of the Act and the sufficiency of evidence presented by the prosecution.
Ratio Decidendi: The court's decision was based on the finding that the prosecution had proven its case beyond doubt and that Section 50 of the Act was not applicable in this scenario.
Final Decision: The appeal was dismissed, and the court upheld the judgment of the trial court.
Rajiv Sharma, J.
1. This appeal is instituted against Judgment dated 28.9.2015 rendered by the learned Special Judge-I, Kullu, District Kullu, Himachal Pradesh in Sessions Trial No. 53/2014.
2. Case of the prosecution, in a nutshell, is that on 3.1.2014, pursuant to the departure report Ext. PW-1/A, recorded by HHC Narender Pal (PW-1), HC Vijay Singh, (PW-6) was on patrolling duty towards Manali Bazaar along with Constable Mahesh Kumar (PW-8), HC Mohar Singh (PW-5) and Constable Sanjay Kumar. After patrolling in Manali Bazaar, the police party went to Van Bihar, Manali. While returning through footpath at about 6.30 PM, accused was noticed coming from the opposite direction with a rucksack (Pithu) Ex. P2., Accused on seeing the police threw the said bag, turned back and started fleeing. Police party apprehended the accused. Accused disclosed his identity. Police brought the accused to the very place where the bag was lying. The place, where accused was apprehended, was an isolated place. HC Vijay Singh (PW-6) associated HC Mohar Singh (PW-5) and Constable Sanjay in the investigation and conducted search of the bag, Ext. P2 in their presence. On search, round, stick and chocolate shaped Charas Ext. P6, wrapped in plastic wrappers Ext. P7, kept in a carry bag, Ext. P3, on which ‘Oswal’ was inscribed, was recovered. In the said carry bag, Ext. P3, a small plastic packet, Ext. P4 containing smack Ext. P5 was also recovered. Recovered Charas and smack was weighed with the help of electronic weighing machine. Charas weighed 3 kg and smack weighed 20 grams. HC Vijay Singh (PW-6) put the packet containing smack in the same carry bag Ext. P3, which was containing Charas, Ext. P6 and thereafter, the bag was put in the same rucksack, Ext. P2 and then parceled up in a cloth parcel Ext. P1, which was sealed with nine seal impressions of ‘T’ and sample of seal ‘T’ was obtained separately, one of which is Ext. PW-2/D and handed over the seal to HC Mohar Singh. Case property was taken into possession vide recovery-cum-seizure memo Ext. PW-5/B. Rukka was sent by the IO through HC Mohar Singh, on the basis of which FIR Ext. PW-2/A was registered by SI Mathru Ram (PW-2), who on the registration of FIR made endorsement Ext. PW-2/B on the Rukka Ext. PW-8/A. Site plan Ext. PW-8/B was prepared. Case property was produced before SI Mathru Ram, who resealed the parcel of case property Ext. P1 with six seal impressions of seal ‘M’. He filled in the relevant columns of NCB I form, Ext. PW-2/D and embossed seal ‘M’ on it and drew sample of seal ‘M’ which is Ext. PW-2/C. He deposited the case property with HC Vivek Kumar (PW-3), who made necessary entries in the register No. 19 of the Malkhana. HC Vijay Singh entrusted the case property to HC Mahesh (PW-8) along with relevant documents vide RC Ext PW-3/C and docket Ext PW-3/B for chemical analysis at FSL Junga and he deposited the same with FSL Junga no 6.1.2014. Report of the FSL is Ext PW-6/C. Investigation was completed and Challan was put up in the Court after completing all codal formalities.
3. Prosecution has examined as many as eight witnesses to prove its case against the accused. Accused was also examined under Section 313 CrPC. His case was that of denial simpliciter. Accused was convicted and sentenced as noticed herein above. Hence, this appeal.
4. Mr. S.D. Gill, Advocate, argued that the prosecution has failed to prove its case against accused.
5. Mr. M.A. Khan, Additional Advocate General, has supported the judgment of conviction dated 28.9.2015.
6. We have heard the learned counsel for the parties and also gone through the record carefully.
7. SI Mathru Ram (PW-2) testified that on 3.1.2014, at 9 PM, HC Mohar Singh, came to the Police Station, Manali with a Rukka sent by HC Vijay Singh. He recorded FIR Ext. PW-2/A. HC Vijay Singh came to the Police Station and gave a sealed parcel sealed with 9 seals of seal ‘T’, NCB-I form in triplicate, samples seal ‘T’ and other documents. He reseale
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
