State of H.P. vs Harnam Singh

Sanjay Karol, J.—Petitioner-State has filed the present petition under the provisions of Section 378(3) of the Code of Criminal Procedure, seeking leave to appeal against the judgment dated 19.5.2014, passed by Special Judge-II (Additional Sessions Judge), Kullu, Himachal Pradesh, in Sessions Trial No. 12 of 2014 (2012), titled as State of Himachal Pradesh v. Harnam Singh, whereby accused-respondent (hereinafter referred to as the accused) stands acquitted of the charge under the provisions of Section 20 of the Narcotic Drugs and Psychotropic Substances Act 1985 (hereinafter referred to as the NDPS Act).

As per the case of prosecution, on 8.1.2012 at about 7.45 p.m., while police party headed by HC Pune Ram, Police Station Banjar, was on patrol duty, detecting crime under Excise and NDPS Act, in official vehicle No. HP-34A-0213, driven by HHC Raj Kumar (not examined), at Pahli, accused was seen coming from Gushaini side towards Banjar. On seeing the police, he turned back and after throwing bag which he was carrying in his right hand, ran downwards the road. On suspicion, he was apprehended by HC Pune Ram (PW-7) with the help of accompanying police officials. The bag thrown by the accused was picked up by the police. Since the place was secluded, no independent witness was available. As such HC Pune Ram associated HHC Hem Raj (PW-5) and Constable Rohit Verma (PW-6) as witnesses. The bag (Ex. P-2) was searched and it was found containing contraband substance, which smelt like Charas. On weighment, the contraband substance was found to be 300 grams. The bulk parcel (Ex. P-4) alongwith polythene wrapper (Ex. P-3) were put in the bag (Ex. P-2) and sealed with six seals of impression ''T''. After completing necessary formalities of sampling and sealing, the case property was taken into possession vide seizure Memo (Ex. PW-5/B). NCB form (Ex. PW-4/D), in triplicate, was filled in. On the basis of Ruka (Ex. PW-7/B), FIR No. 5/2012, dated 8.1.2012 (Ex. PW-4/B), under the provisions of Section 20 of the NDPS Act, was registered at Police Station Banjar, District Kullu, Himachal Pradesh. Sample of the contraband substance was sent for chemical analysis and report (Ex. PX) was placed on record. With the completion of investigation, which revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

Accused was charged for having committed offences punishable under the provisions of Section 20 of the NDPS Act, to which pleaded not guilty and claimed trial.

In order to establish its case, prosecution examined as many as seven witnesses. Statement of the accused under the provisions of Section 313 of the Code of Criminal Procedure was also recorded, in which he pleaded false implication.

After trial, accused stand acquitted. Hence, the present petition for leave to appeal.

Having heard learned Additional Advocate General and perused the record, which was made available by the State, we are of the considered view that no case for grant of leave to file appeal is made out.

Prosecution wants us to believe that 300 grams of Charas was recovered from the conscious possession of the accused. We do not find testimonies of relevant police officials, namely Hem Rah (PW-5), Rohit Verma (PW-6) and I.O. Pune Ram (PW-7) to be inspiring in confidence at all. Perusal of their testimonies would only reveal that independent witnesses could have been associated by the police at the time of carrying out seizure operations which was not so done. Trial Court, in para-18 of the judgment, has succinctly dealt with the issues involved and culled out the inherent improbabilities, doubts and contradictions in the prosecution case. Having perused the material so made available in Court, we see no reason to interfere with the same. Vested right accrues in favour of the accused with the judgment of acquittal which is neither erroneous nor illegal or perverse.

Hence, trial Court, in my considered view, rightly acquitted the accused. There is no error apparent on the face of record or illegality or perversity, resulting into miscarriage of justice, in the findings returned by the trial Court, warranting interference by this Court.

As such, present petition for leave to appeal, being without any merit, is dismissed and disposed of.