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2009 Supreme(P&H) 703
PUNJAB & HARYANA HIGH COURT
Kanwaljit Singh Ahluwalia, J.
Jaskaran Singh
Versus
State Of Punjab
Criminal Appeal No. 2454 of 2007,
Decided On : APRIL 17, 2009
The prosecution must establish guilt beyond reasonable doubt, and adherence to proper procedures for search, seizure, and handling of case property is crucial in establishing the credibility of evidence.
Headnote:
Narcotic Drugs and Psychotropic Substances Act - Conviction under Sections 15(c) and 25 - [15(c), 25] - The court discussed the procedures for search, seizure, and handling of case property, highlighting discrepancies in the handling of seals and samples, and the failure to produce an independent witness. The court found that the prosecution failed to establish the guilt of the accused beyond reasonable doubt, leading to the acquittal of the appellants.
Fact of the Case:
The appellants were convicted under Sections 15(c) and 25 of the Narcotic Drugs and Psychotropic Substances Act based on the recovery of 56 Kg. of poppy straw from a vehicle. The appellants appealed against the conviction, claiming false implication.
Finding of the Court:
The court found discrepancies in the handling of seals and samples, failure to produce an independent witness, and delays in producing the case property before the Magistrate. These circumstances led the court to conclude that the prosecution failed to establish the guilt of the accused beyond reasonable doubt.
Issues: Discrepancies in handling of seals and samples, failure to produce an independent witness, and delays in producing the case property before the Magistrate.
Ratio Decidendi: The prosecution must establish guilt beyond reasonable doubt, and failure to adhere to proper procedures for search, seizure, and handling of case property can raise doubts about the evidence presented.
Final Decision: The present appeal is accepted, and the appellants are acquitted of the charge.
Kanwaljit Singh Ahluwalia, J.
1. Jaskaran Singh, Nanak Singh and Daljit Singh were tried in case FIR No. 141 dated 10.10.2005 registered at Police Station Sadar, Moga under Sections 15(c) and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as, the Act). Jaskaran Singh and Nanak Singh have been convicted under Section 15(c) of the Act and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. One lac each and in default of payment of fine, they were to undergo rigorous imprisonment for 11/2 years. Daljit Singh alias Bholawas convicted under Sections 25 read with Section 15(c) of the Act and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. One lac. In default of payment of fine, he was to undergo further rigorous imprisonment for 1-1/2 years. Appellants Jaskaran Singh and Nanak Singh were found in possession of 56 Kg. of poppy straw while they were travelling in Tavera vehicle bearing registration No. PB-29E- 6369 owned by Daljit Singh co- accused. The vehicle Tavera bearing aforesaid registration number was ordered to be confiscated to the State. The present appeal has been filed against the conviction and sentence by all the appellants. No appeal against confiscation of Tavera vehicle has been filed.
2. FIR Ex.P7/A was recorded by MHC Gurmel Singh PW9 on the basis of ruqa Ex.P7 sent by SI Mohan Lal PW-1.
3. SI Mohan Lai was present along with his companion officials on the bridge of seepage-drain in the area of village Dagru for holding nakabandi and patrolling. It was stated that naka-bandi and patrolling was done under the supervision of SI Tehal Singh. At 6.30 A.M. a red colour Tavera vehicle was seen coming from the side of Village Sada Singh Wala. The police party spotted two persons sitting in the vehicle. The vehicle was signaled to stop. At that time one Gurdev Singh son of Darshan Singh was also coming on a scooter. He was stopped by the police party and he was made to join the police party. SI Mohan Lal asked the driver who was driving the Tavera vehicle to disclose his name, parentage and village. The driver disclosed his name as Jaskaran Singh son of Darshan Singh resident of Sant Nagar. Street No. 1, Moga whereas the person who was sitting along with him on the adjacent seat disclosed his name as Nanak Singh son of Bant Singh resident of Police Station Sadar Patiala. The Investigating Officer told those persons that he suspect that in the bags lying on the rear seat. there is some narcotic substance and. therefore. the search is to be conducted and option was given to them that if they want to be searched before a Magistrate or a Gazetted Officer, they can exercise that option. A memo to this effect was prepared. It is stated that a consent memo was prepared in which it was recorded that the accused had reposed faith and confidence in the Investigating Officer. Accordingly search was carried. Bags were opened and poppy straw was found and the same was weighed which came to 56 Kgs. From each bag samples of 250 grams were also prepared. Necessary procedure for search, seizure and drawing of the samples was completed. The seal after use was handed over to ASI Bikar Singh. After registration of the case, the matter was investigated. Thereafter, report under Section 173 Gr.P.C. was submitted. The appellants were charged by the Special Judge, Moga. They pleaded not guilty and claimed trial.
4. Prosecution examined SI Mohan Lal as PW-1. He had prepared ruqa Ex.P7 on the basis of which formal FIR was recorded. He gave the report regarding stopping of vehicle, giving offer to the appellants to get themselves searched before a Magistrate or a Gazetted Officer and prepared consent memo Ex.Pl. He also stated regarding joining of independent witness Gurdev Singh. He also deposed regarding drawing of samples at the spot, weighment of the narcotic substance and handing over of the seal impression Ex.P3 to ASI Bikar Singh.
