Shyam Singh vs State of HP
- Court
- High Court of Himachal Pradesh
2026:HHC:37909
High Court of H.P.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.M.P. No. 545 of 2026 in
Cr.Appeal No.138 of 2025
Cr.M.P. No. 1379 of 2026 in
Cr.M.P. No. 99 of 2025
Reserved on : 17.08.2026
Date of decision: 08.09.2026
Date of upload : 08.09.2026
_____________________________________________________________________________
1. Cr.M.P. No. 545 of 2026 in
Cr. Appeal No. 138 of 2025
Bal Krishan ….Applicant
Versus
State of Himachal Pradesh .…Respondent
2. Cr.M.P. No. 1379 of 2026 in
Cr.Appeal No. 99 of 2025
Shyam Singh ….Applicant
Versus
State of Himachal Pradesh .…Respondent
____________________________________________________________________________
Coram
Hon’ble Mr. Justice Vivek Singh Thakur, Judge.
Hon’ble Mr. Justice Ranjan Sharma, Judge.
1
Yes
Whether approved for reporting?
_____________________________________________________________________________
1
Whether the reporters of the local papers may be allowed to see the judgment?
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Cr.M.P. No. 1379 of 2026
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Cr.M.P. No. 545 of 2026 in
Cr. Appeal No. 138 of 2025
For the Applicant. Mr. Vivek Chandel and Mr. Mukul Sood,
Advocates.
For the Respondent: Mr. Pawan Kumar Nadda, Additional
Advocate General.
Cr.M.P. No. 1379 of 2026 in
Cr. Appeal No. 99 of 2025
For the Applicant. Mr. Rajender Singh Thakur, Advocate.
For the Respondent: Mr. Pawan Kumar Nadda, Additional
Advocate General.
__________________________________________________________
Vivek Singh Thakur, Judge
These applications have been filed on behalf of applicant-
appellants in respective appeals for suspension of sentence awarded to
them in sequel to their conviction vide judgment dated 27.09.2024 passed
by Special Judge, Kinnaur Sessions Division at Rampur Bushahr, H.P. in
CIS Registration No. 52 of 2022, titled State of H.P. vs. Shyam Singh and
Another , in case FIR No. 65 of 2022, registered at Police Station Anni
under Sections 20 and 29 of the NDPS Act.
2. Applicants have been sentenced vide order dated
27.09.2024 to undergo rigorous imprisonment for a term of 10 years each
and to pay fine of 1,00,000/- each for commission of offence punishable ₹
under Section 20 of NDPS Act and in default of payment of fine to
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undergo simple imprisonment for a term of 1 year each. Applicants-
appellants have also been sentenced to undergo rigorous imprisonment
for a term of 10 years each and to pay fine of 1,00,000/- each for ₹
commission of offence punishable under Section 29 of NDPS Act and in
default of payment of fine to undergo simple imprisonment for a term of 1
year each.
3. Learned counsel for the applicants-appellants have
submitted that in view of discrepancies and contradictions as well as
missing link between the case property, alleged to be recovered, with the
contraband produced in the Court, there is fair chance of acquittal of the
applicants-appellants, and therefore, they are entitled for suspension of
sentence at this stage, because there is no possibility of final hearing of
appeals in near future, as appeals pertain to the year 2025, whereas
large number of appeals filed prior in time, are pending adjudication in
this Court.
4. It has been submitted by learned counsel for applicants-
appellants that as per prosecution story, applicants-appellants were
apprehended on 17.06.2022 at 10:20 PM and NCB-I form was filled in by
the Investigating Officer, HC Anupam Kumar (PW-13), and he filled
columns 1 to 8 during search and seizure process and date below his
signatures has been mentioned as 17.06.2022, whereas, in column No. 7,
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date of dispatch by the officer to Police Station has been mentioned as
18.06.2022. It has been submitted that when columns were filled on the
spot on 17.06.2022, and case property was handed over to SHO Police
Station, who filled columns No. 9 to 11, there was no occasion for PW-13-
HC Anupam to fill up the date of dispatch to Police Station as 18.06.2022,
and it reflects that documents have been prepared by concocting a story
in the Police Station itself, because a person filling the document and
signing the same on 17.06.2022 could not have written the date of
dispatch to the Police Station as 18.06.2022.
5. It has been further submitted that prosecution’s case
becomes doubtful, as in Ext. P-2/PW-7, specimen impression of seal
'SIUX6' stated to have been taken, but in this document, FIR number is
blank and date has been manipulated from 16/2022 to 17/2022, but
without mentioning the month of preparation of this sample seal.
6. It has been submitted by learned counsel for the applicants-
appellants that everywhere, including the Judicial Magistrate, it has been
stated that recovered contraband, i.e., Charas was in sticks shape and
round balls. However, in photograph Ext. P-1/PW-10 to P-4/PW-10, no
round ball type contraband is visible, there are only sticks. Similarly, in the
photograph, alleged to have been taken before Magistrate, there are only
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stick-shaped contraband in the packet, but no round-shaped or ball type
Charas is visible.
7. It has also been argued by learned counsel for the
applicants-appellants that during proceedings under Section 52A of
NPDS Act, Judicial Magistrate First Class, Anni had certified the
inventory, and after verification had re-sealed the parcel of contraband
with seals of National Emblem of 5 coin, as evident from Ext. P-7/PW- ₹
12, whereas, when contraband was produced in the Court to confront
PW-7 Roshan Lal, after declaring him hostile, the contraband in cloth
parcel 'MO' was found sealed with six seals of 'SIU6', three seals
impression of 'T' and 3 seals of ‘SFSL’. There is no reference of seal of
National Emblem on the parcel of the contraband, which clearly indicates
that contraband produced in the Court is not the parcel produced before
the Magistrate, whereupon he had facsimiled four seals of National
Emblem of 5 coin. ₹
8. PW-9 HC Girdhari Lal, PW-3 HC Anupam have admitted
that sample seals Ext. P-2/PW-7 and Ext. D-1 do not bear any FIR
number and no proper date has been shown thereon.
9. It has also been pointed out by learned counsel for the
applicants-appellants that PW-13-HC Anupam had taken printouts of
photographs with the help of computer and printer installed at Police
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Station Anni. He himself was not posted at Anni, but was posted in SIU
Kullu, and therefore, he was not having any control on the computer and
printer of the Police Station Anni, but despite that he has issued a false
Certificate under Section 65B of Indian Evidence Act with regard to
control on the computer and printer, so as to prove the photographs on
record by stating that he was having lawful control over the photo printer
of Police Station Anni, which was in proper working order and no ending
modification has been made.
10. In view of aforesaid discrepancy, the photographs placed on
record cannot be taken into consideration in evidence for want of
issuance of certificate under Section 65B of Indian Evidence Act by the
appropriate authorized person who was having control over the computer
and printer of Police Station Anni, because PW-13 HC Anupam posted in
SIU Kullu, at no stretch of imagination, could have any control over the
photo printer of Police Station Anni.
11. Though, it is claim of the prosecution, as deposed by all
witnesses and stated in documents also, it has been mentioned that
recovered contraband was in the shape of sticks and round balls,
however, PW-10 LJHC Sanjay Kumar in his cross-examination has
clearly admitted that contraband shown to him in the Court was in stick
shape only.
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12. It has been submitted that on production of parcel in the
Court, absence of National Emblem seal put by the Magistrate on the
parcel and admission of PW-10 (LJHC Sanjay Kumar) police official
witness that contraband shown to him was in stick shape only, and further
in the photographs also, if are taken into consideration, it is clearly visible
that there is no round shaped Charas produced before the Magistrate, but
it is only sticks of the contraband, which were produced before the
Magistrate.
13. It has also been argued by learned counsel for the
applicants-appellants that prosecution has produced in evidence daily
diary GD entry No. 27 and GD entry No. 28, on which, date and time of
recording is 18.06.2022 at 02:29:21 PM, which shows that there is
manipulation, as two documents cannot be prepared and uploaded at one
and the same time, which has been mentioned with accuracy of seconds,
which creates doubt about the entire prosecution story and indicates that
documents were prepared in one go in the Police Station, and thus, there
is a fair chance of acquittal of the applicants-appellants.
14. Learned Additional Advocate General has submitted that
missing of FIR number and correction in the date in Ext. P-2/PW7 is an
inadvertent mistake, whereas on other documents, date and FIR number
has been correctly mentioned, and therefore, blank column in Ext.
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P-2/PW7 and Ext. D-1 with regard to FIR and date of taking the sample
seal is inconsequential.
15. It has been further submitted by learned Additional Advocate
General that in photographs, contraband as well as accused persons are
clearly visible, and now, they cannot claim that they were not on the spot.
It has been further submitted that Section 52A of NDPS Act was legally
and rightly conducted by the prosecution and on the basis of
discrepancies referred by learned counsel for the applicants-appellant,
there is no chance of acquittal, hence applications deserve to be
dismissed.
16. Taking into consideration rival contention of the parties, we
are of the considered view that as appeals are likely to be heard after a
considerable long time, a case is made out for suspension of sentence.
17. Accordingly, substantive sentence awarded to the applicant-
appellants are ordered to be suspended during pendency of appeals,
subject to furnishing personal bond in the sum of Rs. 2,00,000/- each with
one surety each in the like amount to the satisfaction of Trial Court, with
undertaking therein to appear before this Court as and when directed and
in the event of dismissal of appeals, to surrender before the Court, to
serve the remaining sentence.
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18. During suspension of sentence, applicants-appellants shall
not involve in commission of illegal and/or unlawful act, much less in
commission of similar offence and such involvement shall result
cancellation of suspension of sentence.
19. Bail bonds so furnished shall be transmitted by the Trial
Court to the Registry of this Court for placing the same on record.
20. Any expression of opinion given in this order does not mean
an expression of opinion on the merits of the case and the same has
been given only for the purpose of deciding present applications.
21. Parties are permitted to produce a copy of this order
downloaded from the web-page of the High Court of Himachal Pradesh,
before the Trial Court, and the Trial Court shall not insist for production of
certified copy of order, rather Trial Court shall verify passing of this order
from the Web-page of the High Court.
Applications are allowed and disposed of in aforesaid terms.
(Vivek Singh Thakur),
Judge.
(Ranjan Sharma),
Judge.
th
8 September, 2026
(Susheel)
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