IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Appeal (C-SB) No. 39 of 2025 Reserved on: 18.03.2026 Date of Decision: 04.05.2026 Karan Kumar ...Appellant Versus State of H.P. ...Respondent Coram Hon’ble Mr Justice Rakesh Kainthla, Judge.

Whether approved for reporting?¹ Yes For the Appellants : Mr Vijender Katoch, Advocate.

For the Respondent/State : Mr Jitender Sharma, Additional Advocate General.

Rakesh Kainthla, Judge The present appeal is directed against the judgment of conviction and order of sentence dated 06.09.2025, passed by learned Chairman H.P. State Waqf Tribunal Exercising the powers of Special Judge, Dharamshala, District Kangra, H.P. (learned Trial Court) vide which the respondent (accused before learned Trial Court) was convicted of the commission of an offence punishable

1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

under Section 21 of Narcotic Drugs and Psychotropic Substances Act (NDPS) and was sentenced to undergo rigorous iPmprisonment for five years, pay a fine of ₹1 lakh and in default of. payment of fine to undergo further simple imprisonment for one year for the commission of the aforesaid offence. f(Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.) t

2. Briefly statued, the facts giving rise to the present appeal are that the polioce presented a challan against the accused before the learnCed Trial Court for the commission of an offence punishable under Section 21 of the NDPS Act. It was asserted that Head Constable (HC) Deepak (PW13), Constable Amit Kumar (PW11), and HC Rocky (PW10) were on patrolling duty on 11.07.019.

HThey saw the accused at about 2:45 PM coming towards Indora curve. He was looking over his shoulder. The police became suspicious of the activities of the accused and went towards him. The accused started running away after seeing the police. He took out one packet from his knicker and threw it towards the bushes. The police apprehended the accused after a distance of 10-15 steps and brought him near the bushes where he had thrown the packet. Nikhil Mehra (PW12) reached the spot in the meantime. The police joined him in the investigation. The accused revealed his name as Karan Kumar after the enquiry. HC Deepak (PW13P) checked the packet and found 6.18 grams of heroin in it. He prep.ared a memo of identification (Ext.P32/PW11). He put the packet into an empty matchbox (Ext.MO2), the matchbox intfo a cloth parcel (Ext.MO1) and sealed the parcel with six impressions of seal ‘S’. He also prepared the NCB-1 Formt (Ext.P29/PW9) and put the seal impression on the NCB-1 Form. He obtained a seal impression (Ext.P33/PW11) on a separate piece of cloth and handed over the seal to witness Nikhil Mehra after its use. Constable Rocky (PW10) took the photographs (Ext.P4/PW2 to Ext.P18/PW2) of the proceedings. HC Deepak (PW13) suspected that the accused might be in possession of some contraband. Hence, he told the accused about his right to be searched before a Magistrate or a Gazetted Officer. The accused consented to be searched before the Magistrate vide Memo (Ext.P35/PW11). The accused was searched before Gian Chand (PW7), Tehsildar, Indora and no incriminating substance was found in his possession. Memo (Ext.P26/PW7) was prepared. HC Deepak (PW13) prepared the rukka (Ext. P36/PW13) and handed it over to Constable Amit Kumar (PW11) with a direction to take it to the Police Station. Constable Amit (PW11)

handed over the rukka to Ajeet Kumar (PW9), who registered the FIR (Ext.P27/PW9). SI Kuldeep Chand (PW14) invPestigated the matter. He went to the spot. HC Deepak (PW13) h.anded over the case property and the documents to SI Kuldeep Chand (PW14) vide memo (Ext.P31/PW10). SI Kuldeep Chanfd (PW14) prepared the spot map (Ext.P37/PW14) and recorded the statements of witnesses as per their version. SI Kuldeept Chand (PW14) went to the Police Station along with the accused and the case property