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2020 Supreme(HP) 642
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Sureshwar Thakur, Chander Bhusan Barowalia, JJ.
Varinder Kumar - Appellant
Versus
State of Himachal Pradesh - Respondent
Criminal Appeal No. 25 of 2018
Decided On : 24-11-2020
Arvind Sharma, Advocate, Hemant Vaid, Advocate, Ashwani Sharma, Advocate, Vikrant Chandel, Advocate
The unbroken chain of evidence and the integrity of seals on the case property are crucial in proving a charge under the ND & PS Act.
Headnote:
Narcotic Drugs and Psychotropic Substances Act - Appeal against conviction under Section 20(ii)(c) of ND & PS Act - Summary of Acts and Sections: ND & PS Act, 1985, Section 20(ii)(c)
Fact of the Case:
The appellant appealed against the verdict of conviction and the sentence of rigorous imprisonment and fine imposed on him under Section 20(ii)(c) of the ND & PS Act. The case involved the recovery of contraband from the appellant's possession and the subsequent legal proceedings.
Finding of the Court:
The court found that the prosecution had proven the charge against the appellant based on the unbroken chain of evidence and the untampered seals on the case property. The court also held that the trial court's analysis of the evidence was thorough and devoid of misappreciation.
Issues: The issues involved the recovery of contraband, the integrity of the evidence chain, and the deliberate omission of the investigating officer to associate independent witnesses.
Ratio Decidendi: The court's decision was influenced by the unbroken chain of evidence, the untampered seals on the case property, and the lack of deliberate or intentional omission by the investigating officer. The thorough analysis of evidence by the trial court was also a crucial factor.
Final Decision: The appeal was dismissed, and the judgment of the trial court was maintained and affirmed.
JUDGMENT
Sureshwar Thakur, J. - The extant appeal, becomes directed by the aggrieved convict/appellant, against, the verdict made on 29.05.2017, by the learned Special Judge, Chamba, District Chamba, H.P., vis-a-vis, a charge drawn under Section 20(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafterafter referred as ND & PS Act). The consequent therewith sentence of rigorous imprisonment, extending upto a term of 12 years, and, also a fine of Rs. 1,50,000/-, became imposed upon, the, convict, and, in default of payment of fine amount, he became sentenced, to undergo imprisonment extending upto one and a half year.
2. Reiteratedly, convict Varinder Kumar, becomes aggrieved, from the afore made verdict, of,conviction, upon, him, vis-a-vis, the afore charges, and, also obviously becomes aggrieved, from the afore order, imposing, upon, him, the afore alluded sentences, of, imprisonment, and, of fine, and, hence becomes constrained to, thereagainst, constitute the extant appeal, before this Court.
3. Through, recovery memo, borne in Ex.PW1/B, contraband, Ex.P-4, weighing 3kgs, and, 126 grams, became recovered from carry bag, Ex.P-2. Recovery memo, borne in Ex.PW1/B, carries thereon, the, unchallenged signatures of the convict, and, also of the marginal witnesses thereof. Subsequent to the drawing of Ex.PW1/B, the investigating officer concerned, from, the site of occurrence, sent rukka, borne in Ex.PW10/A to the Station House Officer, of, the Police Station concerned, for facilitating the latter to record an FIR. The carrier of Ex.PW10/A, upon, arriving at the police station concerned, ensured the recording of a formal FIR qua the recovery made through recovery memo, borne in Ex.PW1/B, and, FIR whereof, becomes assigned Ex.PW8/A. Since the recoveries as made through, the, recovery memo, borne in Ex. PW1/B, makes displays qua obviously it not being a sequel, of, a personal search, being carried by the Investigating Officer, upon, the accused, thereupon, there was no imperative necessity cast, upon the investigating officer concerned, either to draw any memo under Section 50 of the ND&PS Act or to therethrough elicit the consent of the accused, for his holding the accused's personal search.
4. The narrations as made in Ex.PW1/B, vis-avis, the number(s) of seal impression(s), embossed upon cloth parcel, Ex.P-1, wherewithin charas, Ex.P-4, weighing 3 kgs, and, 126 grams, became enclosed, (i) unfolds, vis-a-vis, the afore descriptions rather being made in the NCB form, as became drawn at the site of occurrence, and, NCB form whereof becomes embodied in Ex.PW8/C, and, therein narrations occur qua five seals, of, English alphabet 'N' becoming embossed, upon, cloth parcel, Ex.P-1, hence enclosing therewithin charas, Ex.P-4, weighing 3 kgs, and, 126 grams, and, thereafter the SHO concerned, upon, receiving, parcel Ex.P-1, at the police station concerned, as, unfolded by re-sealing memo, borne in Ex.PW2/A, making thereon five re-seal, seal impressions of English alphabet 'K'. Subsequent thereto, the SHO of the Police concerned, deposited parcel Ex.P-1, with the Incharge of the Malkhana concerned, and, the latter, as communicated by the abstract, of, Malkhana Register, borne in Ex.PW9/A, scribed therein, all the afore details, appertaining to the numbers, of, initially made seal impression(s), upon, Ex.P-1, and, also appertaining, to, the numbers, of re-seal, seal impressions made thereon, by the SHO concerned, beside scribed therein, the embossings thereons, respectively of English Alphabets 'N', and, 'K'. Through road certificate, borne in Ex.PW9/B, parcel, Ex.P-1 became transmitted to the FSL concerned. A reading of paragraph No. 7, of, the report of the FSL, as, borne in Ex. Px, unfolds that all the afore alluded descriptions, appertaining to the number(s) of initially made seal impressions, upon, Ex.P-1, and, also qua the numbers of re-seal, seal impressions, made, upon Ex.P-1, besides the respectively made th
