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SABINA, SATYEN VAIDYA
Kehar Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
SABINA, J.
1. Appellant has filed the appeal challenging the judgment/order dated 21.11.2022, passed by the Special Judge-II, Kinnaur at Rampur Bushahr, District Shimla, whereby, he has been convicted and sentenced as under:
| Under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 | Rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/- (Rs. One lac only). In default of payment of fine, he shall further undergo simple imprisonment for two years. |
2. Prosecution story, in brief, is that on 25th February, 2021 H.C. Kesar Singh alongwith other police officials were present near Dhishni Mod on patrol duty. At about 3.30 a.m. a person came from Karshala side carrying a bag in his right hand. H.C. Sandeep stopped the vehicle near that person and inquired from the person as to why he was roaming around at such odd hours. The said person became nervous and failed to give any satisfactory reply to the query and tried to flee from the spot. On suspicion the said person was apprehended by the police and on inquiry he disclosed hi
The main legal point established in the judgment is that only the analyzed quantity of contraband can be considered as recovered, and failure to send the entire mass for chemical analysis would resul....
Thee amount of contraband, recovered from the respondent, cannot be held more than that which was sent to Chemical Analyst and was affirmed by Forensic Science Laboratory as a contraband.
The amount of contraband, recovered from the respondent, cannot be held more than that which was sent to Chemical Analyst and was affirmed by the Forensic Science Laboratory as a contraband.
The main legal point established in the judgment is the requirement for representative samples for chemical analysis in cases involving narcotic drugs and psychotropic substances, emphasizing the nee....
Procedural compliance, veracity of prosecution story, and the role of the Executive Magistrate in resealing the sample are crucial legal principles established in the judgment.
When directions are issued by an authority having the legal sanction granted therefor, it becomes obligatory on the part of the subordinate authorities to comply therewith.
It was also held that they were not inexorable rules as there could be circumstances in which it may not be possible for the seizing officer to prepare the mahazar at the spot, if it is a chance reco....
The prosecution must establish a clear chain of custody and provide consistent evidence to support charges under the Narcotics Drugs & Psychotropic Substances Act; otherwise, the accused may be acqui....
According to Section 52-A(4) of the Act, samples drawn and certified by the Magistrate in compliance with sub-section (2) and (3) of Section 52-A above constitute primary evidence for the purpose of ....
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