(1.) Primarily, the following question of law arises for consideration in the present appeal: As to whether this Court is obliged to follow the earlier decisions rendered by larger Bench(s) (three Judges), on identical facts, specifically laying down the principle of law, as against a different view taken subsequently by smaller Benches (two Judges) of the apex Court or not?
(2.) Appellant-Convict Sohan Lal, hereinafter referred to as the accused, assails the judgment dated 19.6.2014/28.6.2014, passed by Special Judge, Solan, Distirct Solan, Camp at Nalagarh, Himachal Pradesh, in Sessions Trial No.13-S/7 of 2012, titled as State of Himachal Pradesh v. Sohan Lal, whereby he stands convicted for offence punishable under the provisions of Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) and sentenced to undergo rigorous imprisonment for a period of ten years and pay fine of Rs. 1,00,000/- and in default thereof, to further undergo simple imprisonment for a further period of one year.
(3.) It is the case of prosecution that on 7.8.2012, when SI Narain Singh, alongwith HC Om Parkash (PW-1), Constable Ram Krishan (PW-2) and other police officials, was on patrol duty. At about 10 p.m., a transport vehicle (HRTC Bus) bearing No. HP-10A-3968, which came from Rohru, was stopped for checking. Police party entered the Bus and SI Narain Singh instructed all the passengers to identify their luggage. Accused was found sitting on Seat No.17 and from the bag, so kept by him on his lap, police recovered 3 kgs of Charas, which was taken into possession vide Memo (Ex.PW-1/B) in the presence of a co-passenger Surinder Singh (PW-3), sitting on the adjoining Seat No.18, and Pramod Singh (PW-4) Conductor of the Bus. The recovered stuff was packed into a parcel and sealed with seal of impression 'M' and NCB form (Ex.PW-11/A) filled up in triplicate. Impression of the seal was taken on a piece of cloth (Ex.PW-1/A). Rukka (Ex. PW-11/C) taken by Constable Ram Krishan (PW-2), led to the registration of FIR No.156, dated 7.8.2012 (Ex.PW-10/A), for commission of offence, punishable under the provisions of Section 20 of the Act, at Police Station, Solan Sadar, District Solan, Himachal Pradesh. With the completion of proceedings on the spot, which were photographed and videographed, the case property entrusted to SHO Chaman Lal, who resealed the same with his own seal 'R' and deposited it with MHC Narender Parkash (PW-8). Kuldeep Kumar (PW-9) took the case property for analysis and deposited it at the Forensic Science Laboratory, Junga. On receipt of the report of the Chemical Examiner (Ex.PW-13/C) and with the completion of investigation, which prima facie revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.