Supreme Court – Daily Orders
Devender Kumar vs The State Of Himachal on 18 June, 2025
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ITEM NO.26 COURT NO.12 SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 33059/2025
[Arising out of impugned final judgment and order dated 10-04-2025
in CRLA No. 16/2011 passed by the High Court of Himachal Pradesh at
Shimla]
DEVENDER KUMAR Petitioner(s)
VERSUS
THE STATE OF HIMACHAL Respondent(s)
IA No. 146619/2025 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT, IA No. 146620/2025 - EXEMPTION FROM FILING O.T.
IA No. 146621/2025 - EXEMPTION FROM SURRENDERING WITHIN TIME
Date : 18-06-2025 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE PRASANNA B. VARALE
(PARTIAL COURT WORKING DAYS BENCH)
For Petitioner(s) :
Mr. Karan Sharma, AOR
Mr. Ranbir Singh Thakur, Adv.
Mr. Abhishek Budhiraja, Adv.
For Respondent(s) :
UPON hearing the counsel the Court made the following
O R D E R
1. Heard.
2. The special leave petition is directed against the
judgment dated 10th April, 2025 passed by the High Court
Signature Not Verified
of Himachal Pradesh at Shimla in Criminal Appeal No. 16
Digitally signed by
NISHA KHULBEY
Date: 2025.06.19
16:32:47 IST
Reason:
of 2011 dismissing the criminal appeal preferred by the
petitioner and affirming the judgment of conviction dated
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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
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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 application(s), if any, shall stand disposed
of.
(NISHA KHULBEY) (SAPNA BANSAL) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)