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2025 DIGILAW 1356 (SC)

Devender Kumar v. State of Himachal Pradesh

2025-06-18

PRASANNA B.VARALE, SANDEEP MEHTA

body2025
ORDER : 1. Heard. 2. The special leave petition is directed against the judgment dated 10th April, 2025 passed by the High Court of Himachal Pradesh at Shimla in Criminal Appeal No. 16 of 2011 dismissing the criminal appeal preferred by the petitioner and affirming the judgment of conviction dated 17.01.2011 and order of sentence dated 18.01.2011 passed by the learned Special Judge-II, Solan, District Solan, Himachal Pradesh vide which the petitioner was convicted for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1986 for being in possession of 260 gms of charas and was sentenced to undergo 4 months’ rigorous imprisonment and a fine of Rs. 4,000/- in default of payment of fine, to further undergo imprisonment for 15 days. 3. The Trial Court, after appreciating the evidence available on record held that the evidence of the seizure officer and other members of the police team was clinching and that they had no reason whatsoever to falsely implicate the petitioner for the possession of the Narcotic Drug (Charas). The search or seizure proceedings were not in breach of any of the mandatory requirements of the NDPS Act. The findings recorded by the Trial Court have been affirmed by the High Court after thorough re-appreciation of the evidence while rejecting the appeal preferred by the petitioner vide judgment dated 10th April,2025. 4. Having heard and considered the submissions advanced by the learned counsel for the petitioner and after going through the impugned judgment and the evidence available on record, we are of the firm opinion that the High Court as well as the Trial Court, appreciated the evidence in apropos manner and have rightly arrived at the concurrent findings holding the petitioner guilty for the aforesaid offence and in affirming his conviction. 5. The impugned judgment does not suffer from any infirmity whatsoever warranting interference. 6. Hence, the application for exemption from surrendering and so also the special leave petition being devoid of merit is dismissed. The petitioner shall surrender before the Trial Court within four weeks from today to serve out the sentence, failing which the Trial Court will take steps to apprehend him, to serve out the sentence. 7. Pending applications, if any, shall stand disposed of.