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2025 DIGILAW 199 (SC)

Atul Singh v. State Of Himachal Pradesh

2025-01-08

M.M.SUNDRESH, RAJESH BINDAL

body2025
ORDER : 1. The only issue for consideration is as to whether the Standing Order No. 1/89 dated 22.11.1989 with specific reference to clause 2.5 of the 'Laws and Regulations Promulgated to give Effect to the Provisions of the International Treaties on Narcotic Drugs and Psychotropic Substances' has been complied with or not. 2. We have perused the material available on record. 3. From the submissions made by learned counsel appearing for the respondent, there is no specific material forthcoming with respect to the fulfilment of clause 2.5 on the colour testing conducted using the drug identification kit. Incidentally, there is also no material to hold that the seized contraband was converted into 10 containers and that samples have been taken out of the same. 4. In view of the said non-compliance, the rigor of Section 37 of the Narcotic Drugs and Psychotropic Substances, Act, 1985 (For short, the Act) cannot be made applicable to the case of the appellants. 5. In such view of the matter, we hold that the appellants are liable to be punished for the offences under Section 22(b) read with Section 29 of the NDPS Act, 1985. Resultantly, the sentence imposed for 10 years stands modified to the one already undergone. 6. At this stage, we have been informed that one more accused, namely, Aman Kumar has not filed his appeal and he is still languishing in jail. Needless to state that our order would govern the status of the said accused as well. 7. Accordingly, the appellants and accused who is still in jail are directed to be released forthwith until and unless they are required in any other case. 8. The appeals are allowed, in part, accordingly. 9. Pending application(s), if any, shall stand disposed of.