IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr. Appeal No. 271 of 2016 a/w P Cr.Appeal No. 320 of 2016 Date of Decision: March 6, 2018

1. Cr.Appeal No. 271 of 2016 Saleem Mohamad …Appellant.

Versus f State of Himachal Pradesh ...Respondent.

2. Cr.Appeal No.320 of 2016 Kishori Lal …Appellant.

rVersus State of Himachal Pradesh ...Respondent.

Coram:

The Hon’ble Mr. Justice Sanjay Karol, Acting Chief Justice.

The HCon’ble Mr. Justice Ajay Mohan Goel, Judge.

W hether approved for reporting?1 For the Appellants: Mr. H.S.Rana, Advocate, for the appellant in Cr.Appeal No.271 of

2016.

Mr.Sandeep Dutta, Advocate, for the appellant in Cr.Appeal No.320 of 2016.

H For the Respondent: Mr. Ashok Sharma, Advocate General, with Mr.J.K.Verma, Deputy Advocate General. Sanjay Karol, ACJ.

In these appeals filed under Section 374 Cr.P.C., convicts Saleem Mohamad and Kishori Lal have assailed judgment dated 02.05.2016 / 05.05.2016,

1 Whether reporters of the local papers may be allowed to see the judgment?

passed by Special Judge-(II), Shimla, H.P., in Sessions Trial No.16-S/7 of 2015, titled as State of Himachal Pradesh Versus Saleem Mohamad & another, whereby they stand convicted for having committed a.n offence punishable under the provisions of Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as theo NDPS Act) and sentenced to serve rigorous imprisonm ent for a period of ten years each and pay fine of `1,00,000/- each and in default thereof, further uto undergo simple imprisonment for a period of onoe year

2. In short, it is the case of prosecution that on 08.02.2015, police party headed by ASI Raj Kumar h(PW.13), recovered 1 kg 100 grams of charas from the conscious possession of accused Saleem Mohamad and Kishori Lal. The charas was recovered from a vehicle bearing registration No.CH-03D-7692, driven by accused Saleem Mohamad and the bag was kept under the front seat of the car over which accused Kishori Lal was sitting. The recovery was effected in the presence of independent witness Kuldeep Sharma (PW.1) and police officials H.C.Pyare Lal (PW.2) and HHC Babu Lal (PW.3).

FIR No.8 of 2015, dated 08.02.2015 (Ex.PW.10/A) was registered by HC Kartar Singh (PW.10), for commission of offence punishable under the provisions of Section 20 of the NDPS Act at Police Station, Jubbal, Distri.ct Shimla, H.P. With the completion of proceedings on the spot, including the accused being searched and the NCB form (Ex.PW.13/A) filled up, conotraband substance was deposited in the malkhan a by Kartar Singh (PW.10). Vinod Kumar (PW.5) carried the recovered stuff for chemical analysius and the report of the Chemical Analyst (Ex.PW.13/Ho) alongwith the contraband substance was brought by Jawahar Lal (PW.12). Special report (Ex.PW.11/A) so handed over by L.C. Anjana (PW.7) was hreceived by Nanak Chand (PW.11) in the office of SDPO, Rohru. With the completion of proceedings, which prima facie revealed complicity of the accused in the alleged crime, SI Liaq Ram (PW.9) presented the challan in the Court for trial.

3. Both the accused were charged for having committed an offence punishable under the provisions of Section 20 of the NDPS Act, to which they did not plead guilty and claimed trial.

4. In order to establish its case, in all, prosecution examined as many as thirteen witnesses and statements of the accused under Section 313 of the Code of Criminal Procedure were also recorded, in w.hich they took the plea of false implication. No evidence was led in defence.

5. Appreciating the eovidence on record, Trial Court found the prosecutio n to have proven its case, beyond reasonable doubt, and as such, by convicting the accused sentencued them to serve imprisonment and pay fine. o

6. Correctness of the findings returned by the Court below are subject matter in the present appeals, so hfiled by both the convicts.

7. We have heard M/s H.S.Rana and Sandeep Dutta, learned counsel, on behalf of the convicts- appellants as also Mr.Ashok Sharma, lear