SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2008 Supreme(P&H) 899

SHAM SUNDER
Amar Singh @ Kabu – Appellant
Versus
State Of Haryana – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. The prosecution's case was significantly weakened due to the non-joining of an independent witness during the search and seizure operation. The absence of such a witness raises doubts about the fairness and credibility of the investigation, especially since efforts to involve the public witnesses were either not made or recorded as unwillingness [Para 9].

  2. There was a deliberate and intentional breach of the statutory provisions, specifically Section 55 of the relevant Act, which requires the production of case property and samples before the Magistrate. This breach caused prejudice to the accused and cast doubt on the prosecution’s story [Para 12].

  3. The delay of seven days in sending the sample to the chemical examiner was unexplained and not justified. This delay, coupled with the lack of corroborative evidence and other deficiencies, rendered the link evidence unreliable, raising suspicion about the integrity of the sample and the possibility of tampering [Para 9 to 13].

  4. The evidence did not establish that the seals affixed to the samples were the same as those initially sealed at the time of seizure. The failure to produce the seal impression or evidence of proper deposit at the forensic laboratory undermined the chain of custody, making tampering a real possibility [Para 10].

  5. The case property and sample were not produced before the Illaqa Magistrate, which is a procedural requirement. The deliberate breach of this requirement further compromised the integrity of the case and introduced reasonable doubt regarding the evidence [Para 11].

  6. The trial court's judgment was based on an incomplete and flawed appreciation of the evidence and law. It failed to consider the infirmities and procedural lapses, leading to an erroneous conviction. Consequently, the judgment was set aside, and the appellant was ordered to be discharged or released if in custody [Para 13].

  7. Overall, the combination of procedural violations, lack of independent corroboration, delays, and potential tampering led to the conclusion that the prosecution's case was highly doubtful, warranting the acquittal of the accused.


Judgment

Sham Sunder, J.

1. This appeal is directed against the judgment of conviction and the order of sentence dated 20.7.1998, rendered by the Presiding Officer Special Court, Kurukshetra, vide which it convicted the accused appellant, Amar Singh, and sentenced him to undergo rigorous imprisonment for a period of ten years, and to pay a fine of Rs. 1,00,000, and in default of payment of the same, to undergo rigorous imprisonment for another period of two and a half years, for the offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called as the Act only) for having been found in possession of 900 grams of opium, now failing witnin the ambit of non-commercial quantity, without any permit or licence.

2. The facts, in brief, are that on 17.1.1997, Sham Lal, Sub Inspector, SHO Police Station Jhansa, along with other police officials, was present near the turning of Chattarbhuj Majra village in connection with patrol duty. He received the secret information that a trolla bearing registration No.HR-29A/5420, which was coming from Kurukshetra side was being driven by the driven, who was possessing opium and if, a raid was conducte












Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top