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PUNJAB AND HARYANA HIGH COURT
Arvind Singh Sangwan, J.
Sucha Singh —Appellate
versus
State of Punjab —Respondent
CRA-S-1602-SB-2012 (O&M)
Decided on 7.10.2017
Counsel for the Parties:
For the Appellant:Ms. Divya Sharma, Advocate
For the Respondent: Ms. Rajni Gupta, Sr. DAG,
Punjab
IMPORTANT POINT
Trial Court cannot ignore defence evidence brought on record by accused.
Headnote:Narcotic Drugs and Psychotropic Substances Act, 1985—Section 21—Indian Penal Code, 1860—Section 389(c)—Seizure of Heroin and counterfeit currency—Conviction and sentence—Defence evidence led by appellant with regard to charge under Section 21 of NDPS Act was not at all discussed—Evidence against appellant with reference to charges under Section 489B and 489C IPC was primarily discussed by trial Court—In defence evidence, appellant has produced on record an independent witness who has produced a Panchayatnama that appellant was taken by CIA staff and representations were given by father of appellant in this regard which were neither considered by Police nor any communication was sent to him—There are various discrepancies in statement of prosecution witnesses with regard to recovery, deposit of sample parcel with CFSL—Section 21 of NDPS Act is not proved against appellant—So far as charges under Section 489 (C) IPC is concerned, recovery of counterfeit currency notes in denomination of Rs.500/- which was found to be fake, is proved from statement of Inspectors—Charges under Section 489 (C) is proved against appellant—Impugned judgment and order of sentence qua charges under Section 21 NDPS Act set aside. (Paras 18 to 22)
Result: Appeal Partly allowed.
JUDGMENT (ORAL)
Arvind Singh Sangwan, J.—Sucha Singh had faced trial in case FIR No.74, dated 30.03.2010 under Section 21 of Narcotic Drugs and Psychotropic Substances Act, 1985 and Sections 489(b) and 489(c) IPC, registered at Police Station Sadar Fazilka. The trial Court, vide its judgment of conviction and order of sentence dated 27.02.2012, held the appellant guilty and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.1 lac and in default of payment of fine to further undergo simple imprisonment for a period of 01 year under Section 21 of Narcotic Drugs and Psychotropic Substances Act, 1985. The trial Court further sentenced to undergo rigorous imprisonment for a period of 03 years and to pay a fine of Rs.4,000/- and in default of payment of fine to further undergo simple imprisonment for a period of 03 months under Section 489 (c) IPC.
2. Brief facts of the case as per prosecution version are that on 30.03.2010, Inspector Sarabjit Singh along with his co-official was present on the bridge of seepage drain in the area of village Bale Shah (Noorshah) with regard to investigation on receiving special information. At about 5.00 AM one person was seen from the side of village Ghurka and when he was about to reach the bridge, he was apprehended by the police party and on inquiry disclosed his name as Sucha Singh. The Inspector Sarabjit Singh, after disclosing his identity to the accused asked him that he suspected that he was carrying some intoxicant article and he had a legal right to get the search conducted before him or in the presence of Gazetted Officer or Magistrate. The accused-persons gave their options to be searched in the presence of some Gazetted Officer and accordingly, the consent memo (Ex.P-2) was prepared, which was signed by the accused and attested by Inspector Baljit Singh and SI Atma Singh. The Inspector-Baljit Singh requested DSP Raghbir Singh, Ferozepur to reach at the spot, who came thereafter some time in his official vehicle along with his gunman and after disclosing his identity, he informed the accused that he suspected that he had carrying some intoxicant material and his personal search was to be conducted. Thereafter, the consent memo of the accused Ex.P-3 was prepared which was signed by the accused and attested by Inspector Baljit Singh and SI Atma Singh and verified by DSP Raghbir Singh. On the direction of the DSP, Inspector Sarabjit Singh conducted the search, as a result of which, heroin wrapped in a glazed paper was recovered from the right side pocket of the trouser of the accused persons and twenty five (25) fake currency notes of denomination of Rs.500/- each were recovered from the left side of his trouser’s pocket. On weighing, the intoxicant was found to be 400 grams out of which two samples of 10 grams each were separated and kept in a plastic box and the parcels were prepared. The remaining heroin was also sealed in a separate plastic box and its parcel was also prepared by Inspector Sarabjit Singh with his seal bearing impression SS. CFSL form was prepared as Ex.P-4 and he put one impression of his seal on CFSL form as Ex.P-5 and DSP also affixed his seal impression RS on all the parcels as well as on CFSL form Ex.P-6. The numbers of fake currency notes were noted on the recovery memo and was also sealed by Inspector Sarabjit Singh and DSP also put his seal bearing impression RS and the seal was later on handed over to Inspector Baljit Singh, whereas DSP retained his seal with himself. The case property was taken into possession by the police vide recovery memo Ex.P-7 and thereafter, a Ruqa /information was sent to the police station through Head Constable Pipal Singh for registration of the case and accordingly, an FIR was registered. The personal search memo of the accused was also prepared and the grounds of arrest memo Ex.P-11 was also prepared by Inspector Sarabjit Singh alongwith a rough site plan and thereafter, the accused was int
