The Himachal Pradesh High Court at Shimla has upheld the conviction of Digvijay Singh under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The Court dismissed his appeal against the four-year sentence and fine of ₹25,000 imposed by the Special Judge, Shimla, for possession of 23 grams of heroin.
The case dates back to September 2018, when the police, during a late-night patrol near Housing Board Colony, found a vehicle parked suspiciously. Inside, Digvijay Singh was questioned but failed to provide proper documents. On checking the dashboard, police discovered a spherical package wrapped in tape, which contained heroin. The contraband was seized, sealed, and later confirmed by forensic analysis.
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The trial court convicted Singh in April 2024, finding the testimonies of police officials consistent. While his co-accused Vipul Thakur was acquitted, Digvijay was sentenced to rigorous imprisonment and fined.
Challenging the conviction, Singh argued that he was falsely implicated, and the absence of independent witnesses weakened the case. He also claimed contradictions in police statements and alleged tampering with evidence.
Rejecting these arguments, Justice Rakesh Kainthla observed:
“The non-association of independent witnesses is not fatal to the prosecution’s case. The testimonies of official witnesses carry the same evidentiary value and must be scrutinized carefully.”
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The Court further noted that minor contradictions in witness statements after several years could not invalidate the prosecution’s case. It emphasized that the recovery was a chance recovery, and the police acted lawfully.
Upholding the trial court’s order, the High Court ruled that the conviction and sentence were justified.
Case Title: Digvijay Singh vs. State of Himachal Pradesh
Case Number: Criminal Appeal No. 204 of 2024
