RAJESH DHIMAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Heard over video conferencing.

(2.) These Criminal Appeals have been preferred against a common judgment of the High Court of Himachal Pradesh dated 28.08.2012, by which the appellants' acquittal under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985("NDPS Act") was reversed and a sentence of ten years rigorous imprisonment and fine of Rs 1,00,000 each was awarded.

(3.) The facts giving rise to both the appeals are common. On 09.01.2002, at about 1.00 P.M., a police team led by ASI Purushottam Dutt (PW8) and also comprising Constable Sunder Singh (PW1), Constable Bhup Singh (PW2) and Constable Bhopal Singh (PW7) were checking traffic at Shamshar when a motorcycle without a number plate was spotted. Gulshan Rana (appellant in Criminal Appeal No. 1126 of 2019) was driving the vehicle and Rajesh Dhiman (appellant in Criminal Appeal No. 1032 of 2013) was seated on the pillion with a backpack slung over his shoulders. They were signalled to stop and documents of the motorcycle were demanded. Meanwhile, another vehicle was halted and its occupants Karam Chand (PW3) and Shiv Ram were included in the search. An attempt was made to associate local residents to witness the subsequent proceedings, but none agreed. Subsequently, the appellants were given option to be searched in the presence of a Magistrate or Gazetted Officer but they consented to be searched by the police on the spot itself. The police then discovered polythene bags containing charas from the backpack carried by Rajesh Dhiman. The polythene bags were weighed and found to be 3kg 100gms. After separating some samples, the charas was duly sealed and handed over to Karam Chand (PW3) who later deposited it at the police station. After completion of personal search of the appellants, they were formally arrested.