Padam Prakash Vs State of Hp

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2025:HHC:30806

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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Cr.MMO No. : 792 of 2025 Decided on : 08.09.2025

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Padam Prakash …Petitioner Versus State of Himachal Pradesh …Respondent

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The Hon’ble Mr. Justice Virender Singh, Judge.

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Whether approved for reporting?¹ For the petitioner : Mr. Rajiv Rai, Advocate and Ms. Rajni Gandhi, Advocate. For the respondent : Mr. Varun Chandel, Additional Advocate General with Mr. Rohit Sharma and Ms. Ranjna Patial, Deputy Advocates General.

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Virender Singh, Judge , (Oral)

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Criminal Appeal No. 72 of 2025, be detagged.

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The present petition has been preferred by the

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petitioner for seeking the following substantive reliefs:

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“ (a) That the Hon’ble Court may kindly be pleased to direct the Ld. Special Judge Ghumarwin, Camp at Bilaspur to release the amount of Rs. 9,25,000/ and three mobiles as mentioned in Cr. M.P. No. 2984 of 2025 titled as Padam Prakash Vs State of H.P. in terms of no objection as recorded in the order dated 05.07.2025.

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1 Whether Reporters of local papers may be allowed to see the judgment? Yes.

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(b) In the alternative this Hon’ble Court may kindly be pleased to pass an order for remitting the entire record of case No. CIS Reg. No. 61 of 2022 titled as State of H.P. Vs Mahesh Kumar & others decided by the court of Ld. Special Judge, Ghumarwin, Camp at Bilaspur, H.P. lying in Criminal Appeal No. 72 of 2025 titled as Rajni @ Rewa Devi Vs State in this Hon’ble Court, to the same Court for the purpose of adjudication of the Cr. M.P. 2984 of 2018 titled as Padam Prakash Vs State of H.P. pending in the court of learned Special Judge Ghumarwin, Camp at Bilaspur, H.P. ”

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In this case, while deciding the Sessions Trial

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arising out of FIR No. 56/2022 dated 27.02.2022, under Sections 20 and 29 of ND&PS Act, registered with Police Station Sadar, Bilaspur, the Court of learned Special Judge Ghumarwin, Camp at Bilaspur, H.P. (hereinafter referred to as the learned trial Court), vide judgment, dated 22.01.2025, has acquitted applicant Padam Prakash alias Pramod and Labh Singh alias Lobhi, whereas accused No. 1 and 2 i.e. Mahesh Kumar and Rajni alias Reva Devi have been convicted for the offences punishable under Sections 20 and 29 of the ND&PS Act. While passing the order of sentence dated 24.01.2025, the learned trial Court has passed the following order, with regard to the case property:

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“ 12. Case property i.e. cannabis/Charas taken into possession is ordered to be destroyed, as per rules, after the expiry of statutory period filing of appeal

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and in the event of appeal being preferred, the same shall be dealt with as per the orders of Hon’ble Appellate Court. When, entire evidence led on record is perused, it would clearly shows that though three mobiles and currency notes of Rs. 9,25,000/ were taken into possession from the possession of accused No. 4 (who has been acquitted), but prosecution has miserably failed to prove that amount of Rs. 9,25,000/ and mobiles have any connection with the narcotics or with the contraband recovered in the present case. As such, amount of Rs. 9,25,000/ and three mobiles phones are ordered to be returned to accused no. 4 (now acquitted) and empty polythene packets are ordered to be destroyed, after the expiry of statutory period filing of appeal and in the event of appeal being preferred, the same shall be dealt with as per the orders of Hon’ble Appellate Court. Bonds furnished under Section 437A of Cr.P.C. shall remain in force for a period of six months from today. ”

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The judgment of conviction, by virtue of which accused Mahesh Kumar and Rajni alias Reva Devi were convicted has been assailed by them, by way of Criminal Appeal No. 72 of 2025, which has been admitted by this Court. Record has also been requisitioned.

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Since, the order of disposal of the case property passed by the learned trial Court could not be given effect to, due to requisition of the record, as such, the present petition has been filed.

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