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2017 Supreme(HP) 859
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Sureshwar Thakur, Ajay Mohan Goel, JJ.
State of H.P. - Appellant
Versus
Anant Ram and others - Respondents
Cr. Appeal No. 354 of 2011
Decided On : 01-11-2017
Advocate Appeared:
For the Appellant : Mr. Vivek Singh Attri
For the Respondent: Mr. Peeyush Verma
The judgment emphasizes the importance of complying with the mandatory statutory provisions, particularly in the context of search, seizure, and arrest without warrant or authorization under the NDPS Act.
Headnote:
NDPS Act - Acquittal - Section 20, 25, 29 - The judgment discusses the provisions of Section 42 of the NDPS Act, the power of entry, search, seizure, and arrest without warrant or authorization. It also highlights the importance of prior information and the conditions precedent for lawful ingressions into a conveyance. The court found that the prosecution failed to prove the charges against the accused and concluded that the Investigating Officer violated the mandatory statutory provisions, leading to the acquittal of the accused.
Fact of the Case:
The police received a secret information about a car carrying contraband. Upon interception, the car was found abandoned, and contraband was recovered. The accused were charged under Sections 20, 25, and 29 of the NDPS Act.
Finding of the Court:
The court found that the prosecution failed to prove the charges against the accused. It concluded that the Investigating Officer violated the mandatory statutory provisions, leading to the acquittal of the accused.
Issues: The issues revolved around the validity of the search and seizure, the sufficiency of evidence, and the compliance with statutory provisions by the Investigating Officer.
Ratio Decidendi: The court emphasized the importance of prior information and the conditions precedent for lawful ingressions into a conveyance. It concluded that the prosecution failed to prove the charges against the accused and that the Investigating Officer violated the mandatory statutory provisions.
Final Decision: The appeal was dismissed, and the impugned judgment of acquittal was affirmed and maintained.
Sureshwar Thakur, J.
The instant appeal stands directed against the impugned judgment of acquittal recorded by the learned Presiding Officer, Fast Track Court, Solan, District Solan, H.P. upon Session Trial No. 17FTC/7 of 2010, whereby he pronounced an order of acquittal upon the accused qua the offences in respect whereof, they stood charged.
2. The brief facts of the case are that Minakshi Bhardwaj, S.I. Police Station State CID, Shimla, SI Rattan Singh, HC Balbir Singh, HC Tilak Raj, Constable Devinder Singh, were present at Kandaghat in Government Vehicle bearing registration No. HP-07A-0303, whose for detection of Crime. SI Minakshi Bhardwaj, SI PS State CID Shimla received a secret information that a maurti car of white colour bearing registration No. HP-18A-3456, which was occupied by three persons, was coming from Junga side to Solan. At around 6:00 p.m. when the aforesaid car came from Kandaghat side to Solan, it was signalled to stop, but the vehicle was sped away to Solan side. The driver of the vehicle and a person sitting adjoining him, appeared to be about 25-30 years of age. The said vehicle was chased and at about 6.15 p.m., the vehicle was found stationary at Salogra on the road. Near the said vehicle, three persons, all residents of village Salogra, were also found standing near the vehicle, who told the police that three persons had run away towards lower side. A screw driver was made available from the Govt. vehicle and the vehicle, which was stationary on the spot was opened with the help of witnesses. On opening the vehicle, a bag of black, red and blue colour, over which the word Nike was written in English, was found and on the front seat near the foot steps. On search of the bag, a black coloured Battinuma substance was found inside the Ambuja cemented bag, which on smelling by S.I. Minakashi Bhardwaj and the members of the raiding party, was found to be charas. On weighing the same, it was found 6 K.G 100 gram. NCB-I form in triplicate was filled in by S.I. Minakshi Bardwaj and seal impression was put on the same. Upon this information, the case came to be registered against the accused. On completion of the investigation, into the offences, allegedly committed by the accused, the Investigating Officer concerned filed a report under Section 173 Cr.P.C. before the Court concerned.
3. Thereupon, the accused stood charged by the learned trial Court for theirs allegedly committing offences punishable under Sections 20, 25 and 29 of the NDPS Act, to which they pleaded not guilty and claimed trial.
4. In order to prove its case, the prosecution examined 16 witnesses. On closure of prosecution evidence, the statements of the accused under Section 313 of the Code of Criminal Procedure were recorded in which they pleaded innocence and claimed false implication. They did not choose to lead any defence evidence.
5. The State of H.P. is aggrieved by the judgment of acquittal recorded upon the accused/respondents, by the learned Court below. The learned Additional Advocate General, has concertedly and vigorously contended that the findings of acquittal recorded by the learned Court below being not harbored upon a proper appreciation “by it” of the evidence on record rather theirs standing sequelled by gross mis-appreciation “by it" of the material evidence on record. Hence, he, contends that the findings of acquittal warranting reversal by this Court in the exercise of its appellate jurisdiction and theirs being replaced by findings of conviction besides concomitantly, appropriate sentences being imposed upon the accused/respondents.
6. On the other hand, the learned defence counsel has with considerable force and vigour, contended that the findings of acquittal recorded by the learned Court below being based on a mature and balanced appreciation “by it” of the evidence on record, hence theirs not warranting any interference, rather theirs meriting vindication.
7. This Court with the able assistance of the lear
