IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 27^th DAY OF APRIL, 2022 BEFORE HON’BLE MS. JUSTICE SABINA & o HON’BLE MR. JUSTICE SANDEEP SHARMA CRIMINAL APPEAL No.457 of 2019 Between:-

1. SUNIL KUMAR, AGE 40 YEARS SON OF SH. RISHI RAM, RESIDENT OF VILLAGE KHALTA, POST OFFICE SANDHOL, TEHSIL JAISINGHPUR, POLICE STATION LAMBA GAUNAV, DISTRICT KANGRA, H.P.

2. JEET RAM AGE 39 YEARS, SON OF SH. PREM LAL, RESIDENT OF VILLAGE NAI SARLI, POST OFFICE KOTHIPURA, TEHSIL AND POLICE STATION SADAR, DISTRICT BILASPUR, H.P.

…. APPELLANTS (BY MR. TARA SINGH CHAUHAN, ADVOCATE)

AND STATE OF HIMACHAL PRADESH ….RESPONDENT (BY MR. ANIL JASWAL, ADDITIONAL ADVOCATE GENERAL)

This appeal coming on for hearing this day, Hon’ble Ms.

Justice Sabina, delivered the following:

J U D G M E N T

Appellants have filed the appeal challenging their conviction and sentence ordered by learned tria l Court as under:-

Section 15(c) of : Rigorous imoprisonment for fourteen years Narcotic Drugs and and to pay a fine of `1,00,000/- (Rs. One Psychotropic lac ontly). In default of payment of fine, he Substances Act, 1985 shall further undergo rigorous imprisonment for one year.

2. Prosecution story, in brief, is that on 24^th August, 2014, police party consisting of ASI Madan Mohan, HHC Brij Lal and HHC Bal Krishan and Constable Gagandeep had gone to Delhi in connection with investigation of case FIR No.154/12, registered at Police Station, Sadar, Bilaspur, under Section 420 of the Indian Penal Code. On 26^th August, 2014, the police party was returning from Delhi and had taken lift in a Car bearing No.HP01-B-0720 belonging to Mangal Singh at Swarghat and were travelling towards Bilaspur. When the police party reached near Charol, at about 12.15 p.m., ASI Madan Mohan received a secret information that a truck bearing No.HP69- 1625 driven from Swarghat side towards Bilaspur was carrying huge quantity of poppy straw. Information was sent to Deputy Superintendent of Police, headquarter Bilaspur in this regard. In the meantime, truck bearing No.HP69-1625 came there from Swarghat side. The truck was signaled to stop. On inquiry, the driver of the truck disclosed his name as Sunil Kumar S/o Shri Rishi Ram., whereas, the other person sitting in the truck disclosed his name as Jeet Ram S/o Shri Prem Lal. The accused were informed that the police party had received a secret information that they were carrying some contraband in the truck. The accused were informed that they could get the search effected in the presence orf a gazetted officer or a Magistrate. However, accused gave their consent that the search could be conducted by the police party. Consent memo in this regard was prepared. Thereafter, cover of the body of the truck was removed and on searc h, it was found that in the body of the truck, there were 12 gunny bags, which had been tied with jute rope. The said sacks/bags contained poppy straw in polythene packets. In all 300 packets of polythene were recovered from the gunny bags. The recovered contraband, weighing 300 kilograms, was taken in police possession, after making them into sealed parcels. The packets were marked as M-1 to M-12. Seizure memo was prepared and copy of the same was supplied to the accused. Seal after use was handed over to witness Mangal Singh. Information was sent to Deputy Superintendent of Police, headquarter Bilaspur under Section 42(2) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘NDPS Act’). Truck along with its documents were taken in possession. Rukka was sent to the Police station for registration of FIR. Spot map was prepared. .

3. On the basis of rukka, formal FIR No.170 dated 26^th August, 2014 was registered at Police Station Sadar, District Bilaspur under Section 15 of the NDPS Act.

4. Accused were arrested. Accused as well as case property were produced before Statiorn House Officer Shyam Sunder and the case property was re-sealed with seal bearing impression ‘T’. The case property was handed o