DAULAT RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant Criminal Revision Petition filed under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, challenge has been laid to impugned order, dated 28.10.2017, passed by learned Special JudgeII, Kullu, District Kullu,H.P., whereby petitioner ( for short 'Accused') came to be charged under Sections 20 & 21 of the Narcotic Psychotropic Substances Act, Sec. 14 of the Registration of Foreigner Rules of 1992 and Sec. 5 of the Foreigners Act, 1939.

(2.) Briefly stated facts, as emerge from the record are that on 16.02.2017, police on the basis of the secret information raided the house/building owned by the present petitioner, namely Sh. Daulat Ram, situate at village, Naggar, District Kullu, H.P., wherein coaccused namely, Visvambhar Isiah Streisand was found to be residing. Allegedly, huge commercial quantity of 120.772 Kgs Ganja with plastic bags, nine litres Hashish oil, 15 syringes of 20 ML each filled with Hashish oil total weight 626 grams, 36 syringes of 10 ML each filled with Hashish oil total weighing 670 grams, one electric cooker/pot containing Hashish oil in solid form and total weight alongwith Hashish oil weighing 2.792 grams came to be recovered from the conscious possession of coaccused Visvambhar Isiah Streisand. It also emerge from the record that at the time of search of the aforesaid house/premises, investigating agency associated the present petitioner being owner of the house as well as other independent witnesses and thereafter arrested coaccused Visvambhar Isiah Streisand on 17.2.2017 and since than he is behind the bars.

(3.) During the investigation, it also emerged that petitioneraccused had rented the premises situated in secluded place surrounded by orchard at village Naggar to coaccused Visvambhar Isiah Streisand on the yearly rent of Rs.95,000/. Petitioneraccused with a view to substantiate aforesaid factum with regard to renting out of premises by him to coaccused, also placed on record rent deed, which is not in dispute, rather has been made part of the record. During investigation, coaccused, named hereinabove, disclosed to the police while he was in remand that petitioneraccused had rented accommodation on yearly rent of Rs.95000/ and he oftenly used to visit his premises. On the basis of the aforesaid statement made by the coaccused, police interrogated the present petitioneraccused and ultimately arrested him on 22.3.2017 on the allegations that factum with regard to illegal/unauthorized use of premises for preparation and manufacture of psychotropic substance i.e. Hashis, Ganja, Hashis oil and cannabis by the coaccused was in his knowledge. After completion of the investigation, police filed challan under Sec. 173 of Cr.P.C, in the competent Court of law, perusal whereof, suggest that police on the basis of the investigation arrived at a conclusion that petitioneraccused had knowledge with regard to illegal activities of coaccused, who used to reside in the rented premises of the petitioneraccused and accordingly, booked/charged him for having committed the offence punishable under Sec. 25 of the Narcotic Psychotropic Substances Act( for short 'Act'), Sec. 14 of Registration of Foreigner Rules of 1992, and Sec. 5 of the Registration of Foreigners Act, 1939.