ONANI MECHILA Vs. STATE OF H.P.

JUDGEMENT

(1.) The instant appeal filed under Sec. 374 (2) of the Code of Criminal Procedure (Cr.P.C.), by appellant Onani Mechila alias Alan, laying challenge to the judgment of conviction and order of sentence dtd. 9/11/2022, passed by the learned Special Judge-III, Solan, District Solan, H.P., in Sessions Trial No.13ASJ- II/7 of 2020/2019, titled State of Himachal Pradesh Versus Onani Mechila alias Alan and another, whereby appellant Onani Mechila Whether reporters of Local Papers may be allowed to see the judgment? alias Alan and co-accused Stenli (hereinafter referred to as the accused persons) were convicted and sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs.50,000.00, for the commission of offence punishable under Sec. 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( for short, 'NDPS Act') and in default of payment of fine, they shall further undergo simple imprisonment for six months and for the commission of offence punishable under Sec. 29 of NDPS Act, they were sentenced to undergo rigorous imprisonment for a period of five years and to pay fine of Rs.50,000.00 and in default of payment of fine, they shall further undergo simple imprisonment for a period of six months.

(2.) The prosecution case, in nutshell, is that on 17/8/2019, SHO Dharam Sain Negi alongwith HC Devender, Constable Aman, Constable Hemant and Driver Purshotam, were on patrolling duty towards Solan-Chambaghat-Salogra and at about 7.00 p.m., when they were present near Taran Taaran Hotel Brewery, they saw two persons (Negro) coming on foot on the side of NH-05 and on seeing the police, they got perplexed and tried to run away towards Salogra side, on which they were nabbed on the spot and on asking the person holding a black coloured pithu bag on his right shoulder, he disclosed his name as Onani Mechila and another person disclosed his name as Stenli. On having some suspicious material being carried in the pithu bag, Vineet Rattan and Rajinder Singh Dogra were associated as witnesses and in their presence and in presence of the police officials, the accused persons were taken to a room in Taran Taaran Hotel due to heavy rain, where the said pithu bag carried by accused Onani, was searched. During search, in the front pocket of the bag, two white plastic pouches were found, out of which, one plastic pouch was containing light brown coloured candle type substance and in another polythene pouch, a light brown coloured powder substance was found. In the middle pocket of the said bag, one gun shaped lighter, rolled currency note of 10 rupees (chaser), one towel, one pant, two knickers, one lower, one T-shirt were found and in the back pocket, 15 currency notes in the denomination of Rs.2,000.00, 123 currency notes in the denomination of Rs.500.00, 19 currency notes in the denomination of Rs.200, 33.00 currency notes in the denomination of Rs.100.00 and 5 currency notes in the denomination of Rs.50.00, totalling Rs.98,850.00 were recovered. On checking the substance, it was found to be heroin/chitta and on weighing the same from digital weighing machine, it was found to be 09.90 grams. Thereafter, the recovered heroin alongwith polythene pouches and rolled currency note were put in a cloth parcel and sealed with 5 seals of seal Impression 'O' and currency notes of Rs.98,850.00 alongwith gun shaped lighter were put in a separate cloth parcel, which was sealed with 8 seals of seal Impression 'O' and the pithoo bag alongwith the above mentioned clothes parcels were put in a separate cloth parcel, which was sealed with 4 seals of seal impression 'O'. Sample of seal was also taken on a piece of cloth. Form NCB-1 in triplicate was filled and the seal after use was handed over to witness Vineet Rattan. All the recovered articles were taken into possession vide separate seizure memo. On suspicion that the accused persons must be carrying some contraband in their clothes, the consent for personal search under Sec. 50 of the Act was obtained and both of them consented in writing to be searched before police officials, therefore, Dr. Shiv Kumar was telephonically called on the spot and in his presence, the personal search of the accused persons was got conducted, however, no suspicious substance was recovered. .

(3.) On receipt of the rukka, FIR No.170/2019, dtd. 17/8/2019 was registered at Police Station Sadar Solan, District Solan, H.P., against the accused persons under Ss. 21 and 29 of the NDPS Act.