State of Himachal Pradesh vs Sher Singh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 117

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
Mr. Justice Tarlok Singh Chauhan, J, Sushil Kukreja
State of Himachal Pradesh – Appellant
Versus
Sher Singh – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Anup Rattan, A.G. with Mr.Y.W.Chauhan, Mr. I.N.Mehta, Sr. Addl. A.Gs., Mr. Ramakant Sharma, Ms. Sharmila Patial, Addl. A.Gs. and Mr. Raj Negi, Dy.A.G.
For the Respondent:Ms. Manjeet Banga, Advocate vice Mr. Naveen K. Bhardwaj, Advocate.

Judgement Key Points

A similar judgment would be one that emphasizes the mandatory nature of compliance with Sections 42 and 50 of the NDPS Act during search and seizure operations. The court would likely highlight that failure to adhere to these statutory provisions renders the evidence inadmissible and can lead to the acquittal of the accused. The judgment would also underscore the importance of informing the suspect of their rights under Section 50 and properly recording information under Section 42, with total non-compliance being impermissible and fatal to the prosecution’s case (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) .

JUDGMENT :

Tarlok Singh Chauhan, J.

Aggrieved by the acquittal of the respondent for the commission of offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( in short, “the Act”), the appellant-State has filed the instant appeal.

2. Briefly stated, case of the prosecution is that on 3.3.2010, in the evening, a police party, headed by PW9 Head Constable Chaman Lal (Investigating Officer) comprising of PW1 Head Constable Paras Ram and HHC Chet Ram was present at Check Post Bajaura where Head Constable Purshotam (PW-2), HHC Bahadur Singh, HHC Tek and Head Constable Rakesh Kumar were already present for patrolling duty and a dog squad was also with them. At around 8:30 P.M. a bus bearing registration No. PB-02-BF 9841 came from Bhuntar side, which was signalled for stoppage by PW-9 and other police officials and accordingly the said bus was stopped there. The rear door of the bus was found locked from inside and thereafter PW9 Head Constable Chaman Lal alongwith PW1 Head Constable Paras Ram and PW2 Head Constable Purshotam Ram boarded the bus from the front door and asked the names of driver and conductor of the bus, who, in turn, disclosed the