LAWS(SC)-2022-3-33

SANJEEV Vs. STATE OF HIMACHAL PRADESH

Decided On March 09, 2022
SANJEEV Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) This appeal under the provisions of Sec. 379 of the Code of Criminal Procedure, 1973 read with Sec. 2(A) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 is directed against the judgment dtd. 26/5/2016 passed by the High Court (The High Court of Himachal Pradesh at Shimla) reversing the acquittal rendered in favour of the appellants by the Trial Court (The Special Judge, Fast Track, Kullu, Himachal Pradesh) and order dtd. 20/6/2016 passed by the High Court imposing punishment of rigorous imprisonment of ten years, with imposition of fine in the sum of Rs.1,00,000.00 (Rupees One Lakh Only) in respect of the offence punishable under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("the NDPS Act" for short).

(2.) For the sake of facility, we may reproduce the case of the prosecution as narrated by the High Court in its judgment and order under challenge:

(3.) The prosecution mainly relied upon the testimonies of PW7 and PW8, namely Constable Om Prakash and Head Constable Nand Lal respectively. According to these witnesses, on the day in question at about 9.00 p.m. when the police party had reached the other side of the Ruara Bridge, they found the appellants sitting by the side of bonfire and a bag was lying on the ground near them. As the police put search light towards the direction of the appellants, the appellants tried to run away. The police party followed them and after having crossed a distance of about 100 meters, they were nabbed. Thereafter, the bag was also retrieved which was found to contain charas weighing about 1.5 kgs. According to the witnesses, the electronic weighing scale which was with the police party was utilized to check the weight of the contraband. Thereafter, the procedure for taking personal search of the accused was followed.