SANDEEP KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) The appellant (hereinafter referred to as 'Accused' in short) has been charged and tried for the commission of offence punishable under Section 20 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act' in short) and Section 419 of the Indian Penal code on the allegations that on 24.6.2011 at about 7.30 p.m., when Maruti car bearing registration No. HP-07B-0324 was intercepted in Chichi Ghati (Nangal Devi), Theog, they both were found to be the occupants of the said vehicle. While accused Pradeep Kumar was on the wheel of the vehicle, the appellant-accused was traveling with him in the same. During the search conducted by PW-7 Inspector of Police Meenakshi, contraband allegedly charas weighing one Kilogram 200 grams was recovered from their conscious and exclusive possession. Additionally, accused-appellant was booked for the commission of an offence under Section 419 of the Indian Penal Code on the allegations that on inquiry by PW-7, he falsely represented himself as 'Rahul' and thereby cheated the Investigating Officer, knowing fully well that he is not Rahul but Sandeep.

(2.) The legality and validity of that part of the judgment whereby accused-appellant has been sentenced and convicted under Section 419 IPC has been assailed on the grounds inter-alia that the same is neither legally nor factually sustainable and rather is result of mis-appreciation and misreading of evidence available on record. In this behalf, it is contended that the evidence as has come on record by way of testimony of PW-2 and PW-7 should have not been relied upon to record findings of conviction against him, for the reason that they being police officials were interested in the success of the prosecution case. Material contradictions which go to the very root of the prosecution case have also been erroneously ignored.

(3.) The prosecution case, as disclosed from the record, in a nut-shell, is that the appellant-accused and his co-accused while traveling in maruti car HP-07B-0324 when intercepted around 7.30 p.m. on 26.04.2012 in Chichi Ghati area at Nangal Devi, Theog, District Shimla were found in conscious and exclusive possession of the contraband allegedly charas weighing one kilo 200 grams. Also that accused-appellant has intentionally and deliberately personated himself as Rahul before PW- 7, when she asked for his antecedents. As pointed out, at the very out set, no case is found to have been made out against him and his co-accused namely Pradeep Kumar under Section 20 of the Act and as such, they both have been acquitted from the charge so framed against each of them. Learned Special Judge, however, has arrived at a conclusion that the prosecution has been able to bring home the guilt of the accused under Section 419 IPC and as such he has been convicted and sentenced to undergo simple imprisonment for three years and to pay a fine of Rs. 25,000/-.