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PUNJAB & HARYANA HIGH COURT
J.S.Bedi, J.
Pritam Singh Dalip Singh And Another
Versus
State
Criminal Revision No. 377 of 1965,
Decided On : OCTOBER 7, 1965
Opium Act, 1878 - Section 9 - Possession of poppy-husk - Knowledge of the incriminating article is an essential ingredient of the offence - Mere presence in the vehicle carrying the incriminating article is not sufficient to establish possession - Benefit of doubt should be given to the accused.
Fact of the Case:
The petitioners were found in a truck carrying 19 bags of poppy-husk. They were convicted under Section 9 of the Opium Act, 1878. On appeal, the sentences were reduced, and the order of confiscation of the truck was set aside.
Finding of the Court:
The court held that the prosecution failed to prove that the petitioners had knowledge of the incriminating article. The mere presence of the petitioners in the truck was not sufficient to establish possession. The court gave the benefit of doubt to the petitioners and acquitted them.
Issues: Whether the petitioners were in conscious possession of the poppy-husk.
Ratio Decidendi: Possession implies knowledge. There would be no possession when there is no knowledge on the part of the ostensible occupant of the cabin or room or the article as the case may be. Possession without knowledge can hardly have been meant since in that case the element of criminal intention or knowledge would be entirely wanting.
Final Decision: The petitioners were acquitted.
1. This order shall dispose of three revision petitions Nos. 371 (by Bant Singh), 377 (by Pritam Singh and Nichhattar Singh), and 383 by (Sikandar Singh and Sampuran Singh) of 1965, as they arise out of the same transaction and the same order dated 30th March, 1965, of Shri Murari Lal Puri, Sessions Judge, Ludhiana.
2. The prosecution story, in brief, is that on 11th February, 1964, S. I. Babu Ram on receipt of secret information, organised a party consisting of himself, Udhe Singh of village Sahnewal Khurd and Sarwan Singh of village Kot Gangu Rai, P. Ws., and Sant Singh and held a Nakabandi near the railway crossing on the Kohara Sahnewal road at about 6-30 p. m. After about fifteen minutes, truck No. PNA-4571 (Exhibit P. 20) driven by Pritam Singh petitioner came from the side or Kohara. It was stopped by the Sub-Inspector and he recovered 19 bags (P. 1 to P. 19) containing poppy-husk from the truck. Sampuran Singh petitioner was sitting with the driver in the front seat, Sikandar Singh and Bant Singh were sitting on the bags in the body of the truck, while Nichhattar Singh was sitting in a corner of the truck. All these petitioners, it may be mentioned, belonged to village Sahnewal Khurd. The Sub-Inspector took samples of 200 grams from each of the bags which were later on sent to the chemical examiner who found the same to be poppy-husk. The Sub-Inspector sent a ruqa (Exhibit PF) to the police station on the basis of which a case against the petitioners was registered under Section 9 of the Opium Act.
3. On the above facts the petitioners were sent up for trial before a Magistrate of the first class at Ludhiana, who on 23rd February, 1965, convicted all the petitioners under Section 9 of the Act and sentenced Pritam Singh to one years rigorous imprisonment and a fine of Rs. 500.00 or in default of the payment thereof to suffer further rigorous imprisonment for three months, Sikandar Singh and Bant Singh to three months rigorous imprisonment and a fine of Rs. 200.00 each or in default of its payment to undergo one months rigorous imprisonment, Nichhattar Singh to rigorous imprisonment for two months with a fine of Rs. 50.00 and in default of its payment to further rigorous imprisonment for 15 days, and Sampuran Singh (who was an old man of 70 years) to imprisonment till the rising of the Court with a fine of Rs. 200.00 and in default of the payment thereof to suffer rigorous imprisonment for two months. The Magistrate further directed the issuance of a notice to Pritam Singh why his truck (PNA. 4571) be not confiscated to the State. The petitioners went up in appeals which were dismissed by Shri Murari Lal Puri, Sessions Judge, Ludhiana, on 30th March, 1965. He, however, reduced the sentence of Pritam Singh only to three months rigorous imprisonment and the fine to Rs. 200.00 and also set aside the order of the Magistrate regarding confiscation of the truck of Pritam Singh. The petitioners are still aggrieved and have approached this Court in revision petitions.
4. In their examination under Section 342, Criminal Procedure Code, the petitioners denied the prosecution allegations. Pritam Singh added that the police met him at bus-stand of Sahnewal and enquired about the whereabouts of the driver of the truck and on his failure to furnish the information he was implicated in this case. The plea of Nichhattar Singh was that a relation of his was in police service at Sahnewal police station. The Sub-Inspector was inimical to that relation which resulted in the false involvement of this petitioner. The. rest of the petitioners admitted their presence inn the truck at the relevant time adding that on account of non-availability of a bus they requested Pritam Singh petitioner to give them a lift in the truck who agreed to do so.
5. The prosecution examined Udhe Singh and Sarwan Singh P. Ws. besides S. I. Babu Ram as witnesses to the recovery who supported the prosecution case in its entirety.
6. The petitioners counsel su
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