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2008 Supreme(SC) 1249

ARIJIT PASAYAT, MUKUNDAKAM SHARMA
Hardip Singh – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
For the Appellant :Mahabir Singh, Sr. Adv., Rakesh Dahiya and D. Mahesh Babu, Advocates.
For the Respondent:Kuldip Singh and R.K. Pandey, Advocates.

Judgement Key Points

Key Points: - The defense claim that the appellant was falsely implicated by the investigating officer due to a personal grudge and a questionable written apology was found to be a dubious document and was rejected; the Court held that the defense version was a got-up story and not trustworthy (!) . - The delay of about 40 days in sending samples to the Forensic Science Laboratory did not prejudice the appellant because the recovery of opium from his possession was proven, the seal remained intact, and the samples were not tampered with; thus evidence of recovery and chain of custody supported the conviction (!) , (!) , (!) . - The mandatory provisions of Section 55 NDPS were considered by the Court in light of Karnail Singh v. State of Rajasthan, and the appellant’s prejudice due to non-compliance was found to be without merit; the investigating officer’s involvement and the evidence of seals intact supported no prejudice (!) , (!) , (!) , (!) .

What is the validity of the defense that the appellant was falsely implicated due to a grudge and a questionable written apology?

What is the impact of delay in sending opium samples to the Forensic Science Laboratory on the conviction under NDPS Act, Section 18 and Section 55?

What is the propriety of upholding conviction when the investigating officer was allegedly biased or connected to the complaint, and how does the Court treat the defense claim of a got-up story?


Judgment

Dr. Mukundakam Sharma, J. —

1.The present appeal is directed against the Judgment and Order dated 18.10.2006 passed by the High Court of Punjab & Haryana at Chandigarh in Criminal Appeal No. 505-SB of 2000, whereby the High Court dismissed the appeal filed by Hardip Singh and upheld the conviction and the sentence passed against him under the provisions of Section 18 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as the ‘Act’).

2.Briefly, the prosecution case is that on 20.8.1997 when Inspector Jarnail Singh (examined as PW 5 in the trial), along with SI Sukhwinder Singh and other police officials were standing on a drain bridge falling within the jurisdiction of village Chamairi, a truck bearing registration No. DIG 4615 being driven by Sri Inder Masih was seen coming from Ajnala side, when the truck was stopped. Hardip Singh, the present appellant, was seen sitting by the side of the driver, in the said truck. Meanwhile one Major Singh, who was examined as one of the witnesses in the trial also reached there on a bicycle and upon reaching the place he alighted from the bicycle and joined the police party. Immediately thereafter Inspector




















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