DEHAL SINGH Vs. STATE OF HIMACHAL PRADESH
LAWS(SC)-2010-8-120
SUPREME COURT OF INDIA (FROM: HIMACHAL PRADESH)
Decided on
August 31,2010
DEHAL SINGH
Appellant
VERSUS
STATE OF HIMACHAL PRADESH
Respondents
Referred Judgements :-
MADAN LAL VS. STATE OF HIMACHAL PRADESH [REFERRED TO]RAJESH JAGDAMBA AVASTHI VS. STATE OF GOA [REFERRED TO]
DILIP VS. STATE OF M P [REFERRED TO]
NOOR AGA VS. STATE OF PUNJAB [REFERRED TO]
Cited Judgements :-
TIKKAM RAM VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2014-4-16] [REFERRED TO]RAKESH KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-3-36] [REFERRED TO]
K RAJU VS. P RAMALINGAM [LAWS(MAD)-2014-3-170] [REFERRED TO]
YESHWANT VITHAL PATIL VS. UNION OF INDIA [LAWS(BOM)-2020-1-57] [REFERRED TO]
STATE OF U P (STATE APPEAL) VS. ILYAS [LAWS(ALL)-2016-4-269] [REFERRED]
STATE OF HIMACHAL PRADESH VS. SUBHKARAN [LAWS(HPH)-2017-4-111] [REFERRED TO]
SUNIL KUMAR RATRE VS. STATE OF C.G. [LAWS(CHH)-2023-3-83] [REFERRED TO]
MOHAMMAD SCHOOL VS. STATE OF U.P. [LAWS(ALL)-2022-3-17] [REFERRED TO]
BAIJNATH PRASAD SAH KANOO VS. UNION OF INDIA [LAWS(ALL)-2024-6-1] [REFERRED TO]
GOPAL S/O SHRI BHANWAR LAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-2017-9-53] [REFERRED TO]
SANDEEP SINGH AND OTHERS VS. STATE OF PUNJAB [LAWS(P&H)-2013-11-469] [REFERRED]
AMBA LAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-2016-8-30] [REFERRED TO]
STATE OF H P VS. JASMER SINGH [LAWS(HPH)-2010-11-35] [REFERRED TO]
SAHANOOR ALI VS. C N B KOTA [LAWS(RAJ)-2011-9-69] [REFERRED TO]
SYED JALALUDDEEN VS. STATE OF RAJASTHAN [LAWS(RAJ)-2012-3-56] [REFERRED TO]
LENPU VS. STATE OF MIZORAM [LAWS(GAU)-2020-8-91] [REFERRED TO]
VARUN KUMAR MALHOTRA AND ANOTHER VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2016-7-277] [REFERRED TO]
RAJESH TANDI VS. STATE OF CHHATTISGARH [LAWS(CHH)-2020-2-213] [REFERRED TO]
SHOWKAT AHMAD NADAF VS. STATE OF J&K [LAWS(J&K)-2022-6-1] [REFERRED TO]
STATE VS. VIJAY KESHARWANI [LAWS(MPH)-2010-10-13] [REFERRED TO]
ABDUL MALIK VS. STATE OF TRIPURA [LAWS(TRIP)-2020-1-50] [REFERRED TO]
ABDUL MALIK VS. STATE OF TRIPURA [LAWS(TRIP)-2020-1-50] [REFERRED TO]
STATE OF H.P. VS. SURAJ MAL [LAWS(HPH)-2015-9-73] [REFERRED TO]
GULSHAN AND ORS. VS. STATE OF HARYANA [LAWS(P&H)-2015-2-266] [REFERRED TO]
CHANDRA SHEKHAR VS. STATE OF BIHAR [LAWS(PAT)-2022-5-7] [REFERRED TO]
BHERU LAL VS. UNION OF INDIA [LAWS(RAJ)-2011-3-69] [REFERRED TO]
MOHAN TRIPURA VS. STATE OF TRIPURA [LAWS(TRIP)-2020-9-26] [REFERRED TO]
ABDUL MALIK VS. STATE [LAWS(DLH)-2014-2-164] [REFERRED TO]
TAMAR VS. STATE OF ARUNACHAL PRADESH [LAWS(GAU)-2023-11-42] [REFERRED TO]
STATE OF HARYANA VS. ISHWAR SINGH [LAWS(P&H)-2020-1-316] [REFERRED TO]
HEM RAJ VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2016-4-5] [REFERRED TO]
MATTA RAJESH VS. STATE OF A P REP BY ITS PUBLIC PROSECUTOR [LAWS(APH)-2017-12-50] [REFERRED TO]
INDRAKUNWAR VS. STATE OF CHHATTISGARH [LAWS(SC)-2023-10-53] [REFERRED TO]
RAJ KUMAR SINGH @ RAJU @ BATYA VS. STATE OF RAJASTHAN [LAWS(SC)-2013-5-18] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. SORTINO FRANCESCO [LAWS(HPH)-2013-1-12] [REFERRED TO]
SUSHIL CHOUDHURY VS. STATE OF TRIPURA [LAWS(TRIP)-2015-12-43] [REFERRED]
STATE OF GUJARAT VS. SHIVNARESH PRUTHVINATH TRIVEDI AND ORS [LAWS(GJH)-2012-2-644] [REFERRED TO]
NITYA GOPAL PAL VS. STATE OF WEST BE NGAL [LAWS(CAL)-2023-9-122] [REFERRED TO]
BALDEV SINGH & OTHERS VS. STATE OF H P [LAWS(HPH)-2017-4-138] [REFERRED TO]
DHEERAJ KUMAR SHUKLA VS. STATE OF U.P. [LAWS(ALL)-2021-7-6] [REFERRED TO]
USMAN SHAMSHUDEEN SHEKH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-8-36] [REFERRED TO]
SESH RAM VS. STATE OF H.P. [LAWS(HPH)-2015-6-85] [REFERRED TO]
KUMAR @ KATHIRESAKUMAR VS. STATE [LAWS(MAD)-2019-11-138] [REFERRED TO]
STATE OF M P VS. RAMESH [LAWS(SC)-2011-3-45] [REFERRED TO]
SUSHIL SHARMA VS. STATE OF SIKKIM [LAWS(SIK)-2018-12-2] [REFERRED TO]
SUSHIL CHOUDHURY VS. THE STATE OF TRIPURA [LAWS(TRIP)-2015-10-37] [REFERRED TO]
GURDEV SINGH AND ORS VS. ASSISTANT COMMISSIONER OF CUSTOMS AND ORS [LAWS(P&H)-2013-10-555] [REFERRED]
SUNIL KUMAR YADAV @ SONI VS. N.C.B. [LAWS(DLH)-2014-3-79] [REFERRED TO]
KEKTI DEVI VS. STATE OF H.P. [LAWS(HPH)-2015-5-84] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. MOHIT AND OTHERS [LAWS(HPH)-2017-9-46] [REFERRED TO]
MUHAMMED KAIZ VS. STATE OF KERALA [LAWS(KER)-2024-2-152] [REFERRED TO]
SAGAR MURA VS. STATE OF ASSAM [LAWS(GAU)-2018-11-45] [REFERRED TO]
INDRAPAL SINGH AND ANOTHER VS. STATE OF U P [LAWS(ALL)-2018-7-152] [REFERRED TO]
OCHAR VS. STATE OF KERALA [LAWS(KER)-2017-9-57] [REFERRED TO]
KHAIRUL BASAR SK @ BASAR VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2017-10-6] [REFERRED TO]
ANIL KUMAR AND ORS. VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2016-1-15] [REFERRED TO]
VIJAY KESHARWANI VS. STATE [LAWS(MPH)-2010-10-65] [REFERRED TO]
CHHOTEY LAL VS. U.O.I. [LAWS(ALL)-2022-4-60] [REFERRED TO]
SHOBHA RAM VS. STATE OF RAJ [LAWS(RAJ)-2012-1-1] [REFERRED TO]
DHARMA DEVI VS. STATE OF H.P. [LAWS(HPH)-2015-5-87] [REFERRED TO]
RAKESH KUMAR CHANDUBHAI PATEL VS. ALUBHAI UDESINH SISODIYA AND ORS [LAWS(GJH)-2012-4-311] [REFERRED TO]
JUDGEMENT
Chandramauli Kr. Prasad, J. -
(1.)Both the appeals arise out of the same judgment and as such they were heard together and are being disposed of by this common judgment.
(2.)The case unfolded by the prosecution and accepted by both the Courts i.e. trial and appellate Court is that on 18th October, 2002 at 9.20 A.M. PW.16, Brijesh Sood, Station House Officer, Police Station Sundernagar along with PW.8, Madan Lal, Assistant Sub-Inspector of Police and other Police personnel were present for a routine-check at Lalit Chowk at Sundernagar in the District of Mandi. Brijesh Sood received a secret information that a car bearing Registration No. HP-34-7700 is coming from Mandi side in which two persons are carrying huge quantity of Rs. Charas. The aforesaid information was reduced into writing and intimation to the said effect was sent to the Additional Superintendent of Police, Mandi. At about 10 A.M., one Maruti Esteem car bearing Registration No. HP-34-7700 came from Mandi side which was stopped by PW.16, Brijesh Sood and he found two persons sitting in the car, including the driver. Brijesh Sood made enquiry from the person who was driving the car and he disclosed his name as Dehal Singh (appellant in Criminal Appeal No. 1215 of 2005) and the other person sitting on the front seat by the side of the driver-seat, disclosed his name as Dinesh Kumar, resident of Goa (appellant in Criminal Appeal No. 1216 of 2005). Brijesh Sood gave option in writing to the accused persons, whether they want to give personal search or search of the vehicle before a Magistrate or a Gazetted Officer. Both the appellants gave their consent for being searched by him. Accordingly PW.16, Brijesh Sood searched the car and luggage lying inside the car but nothing incriminating was found either in the car or the luggage. A mechanic was called by PW.3, Churamani, who opened the shields of the windows/doors when packets of brown colour were found concealed between the shields and doors wrapped with black and red adhesive tape. On opening the packets, Rs. Charas in the shape of stick and chappatis was detected. Churamani was asked by PW.16, Brijesh Sood to bring weighing scale and weight. He brought the weighing scale from the grocery shop of PW.5, Ram Lal and on weightment 27 Kg. 800 gms. of Charas was found. Two samples of 50 grams each were taken out after mixing the entire charas. It was duly sealed.
(3.)Appellant, Dehal Singh produced the registration certificate along with driving licence and other papers concerning the vehicle. The appellants and seized Charas along with samples were taken to the Police Station where the personal search of the appellants was conducted. The samples of the Charas and other articles recovered from the personal search of the appellants were deposited with PW.8, Additional Malkhana Head Constable, Rajinder Kumar for safe custody. First Information Report was thereafter drawn and a special report sent to the Superintendent of Police. PW.8, Rajinder Kumar sent one parcel of the sample to the Chemical Examiner, who in his report opined that it contained Charas. After usual investigation charge-sheet was submitted against the two appellants and ultimately they were put on trial. They pleaded not guilty and claimed to be tried.
(2.)The case unfolded by the prosecution and accepted by both the Courts i.e. trial and appellate Court is that on 18th October, 2002 at 9.20 A.M. PW.16, Brijesh Sood, Station House Officer, Police Station Sundernagar along with PW.8, Madan Lal, Assistant Sub-Inspector of Police and other Police personnel were present for a routine-check at Lalit Chowk at Sundernagar in the District of Mandi. Brijesh Sood received a secret information that a car bearing Registration No. HP-34-7700 is coming from Mandi side in which two persons are carrying huge quantity of Rs. Charas. The aforesaid information was reduced into writing and intimation to the said effect was sent to the Additional Superintendent of Police, Mandi. At about 10 A.M., one Maruti Esteem car bearing Registration No. HP-34-7700 came from Mandi side which was stopped by PW.16, Brijesh Sood and he found two persons sitting in the car, including the driver. Brijesh Sood made enquiry from the person who was driving the car and he disclosed his name as Dehal Singh (appellant in Criminal Appeal No. 1215 of 2005) and the other person sitting on the front seat by the side of the driver-seat, disclosed his name as Dinesh Kumar, resident of Goa (appellant in Criminal Appeal No. 1216 of 2005). Brijesh Sood gave option in writing to the accused persons, whether they want to give personal search or search of the vehicle before a Magistrate or a Gazetted Officer. Both the appellants gave their consent for being searched by him. Accordingly PW.16, Brijesh Sood searched the car and luggage lying inside the car but nothing incriminating was found either in the car or the luggage. A mechanic was called by PW.3, Churamani, who opened the shields of the windows/doors when packets of brown colour were found concealed between the shields and doors wrapped with black and red adhesive tape. On opening the packets, Rs. Charas in the shape of stick and chappatis was detected. Churamani was asked by PW.16, Brijesh Sood to bring weighing scale and weight. He brought the weighing scale from the grocery shop of PW.5, Ram Lal and on weightment 27 Kg. 800 gms. of Charas was found. Two samples of 50 grams each were taken out after mixing the entire charas. It was duly sealed.
(3.)Appellant, Dehal Singh produced the registration certificate along with driving licence and other papers concerning the vehicle. The appellants and seized Charas along with samples were taken to the Police Station where the personal search of the appellants was conducted. The samples of the Charas and other articles recovered from the personal search of the appellants were deposited with PW.8, Additional Malkhana Head Constable, Rajinder Kumar for safe custody. First Information Report was thereafter drawn and a special report sent to the Superintendent of Police. PW.8, Rajinder Kumar sent one parcel of the sample to the Chemical Examiner, who in his report opined that it contained Charas. After usual investigation charge-sheet was submitted against the two appellants and ultimately they were put on trial. They pleaded not guilty and claimed to be tried.
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