State of H.P. vs Sanju Gurang - 2024 Supreme(HP) 394

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(HP) 394

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR, RAKESH KAINTHLA
State of H.P. – Appellant
Versus
Sanju Gurang – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Ms. Seema Sharma, Deputy Advocate General
For the Respondent:Mr. Prashant Chauhan, Advocate

JUDGMENT :

Rakesh Kainthla, J.

1. The present appeal is directed against the judgment dated 31.03.2021 passed by learned Special Judge-II, Kullu, H.P. (learned Trial Court) vide which the respondent (accused before learned Trial Court) was acquitted of the commission of an offence punishable under Section 20 of Narcotic Drugs and Psychotropic Substances Act (in short ‘ND&PS’ Act). (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

2. Briefly stated, the facts giving rise to the present appeal are that the police presented a challan against the accused before the learned Trial Court for the commission of an offence punishable under Section 20 of the ND&PS Act. It was asserted that ASI Nand Lal (PW9), HC Ravinder Kumar, Constable Ved Ram (PW6), and HHC Hukum Chand were patrolling towards Shangana Bridge on 20.12.2017 at about 9:30 PM when they saw the accused coming towards Manikaran. When the accused saw the police party, he returned and tried to conceal himself beneath Shangana Bridge. ASI Nand Lal (PW9) became suspicious of the conduct of the accused; hence, he apprehended the accused with the help of