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PUNJAB & HARYANA HIGH COURT
Satish Kumar Mittal and Jora Singh JJ.
State Of Punjab
Versus
Dharam Singh
Criminal Appeal No. 556 of 1999,
Decided On : JANUARY 6, 2010
Narcotic Drugs and Psychotropic Substances Act - Acquittal under Section 22 - Summary of Acts and Sections: The court discussed the applicability of Section 50 of the Act, the legality of recovery of Diazepam tablets, and the admissibility of affidavits. The court referred to relevant legal provisions, including Section 2(xxiii) of the Act, Schedule-I, and case law to determine the legality of the recovery and the admissibility of evidence.
Fact of the Case:
The prosecution alleged that the accused was found carrying intoxicating tablets in a plastic envelope, leading to his charge under Section 22 of the Narcotic Drugs and Psychotropic Substances Act. The accused denied the allegations and claimed innocence. After the trial, the accused was acquitted of the charge.
Finding of the Court:
The court found that the recovery of intoxicating tablets was not from the person of the accused, and therefore, Section 50 of the Act was not applicable. The court also determined that the recovery of Diazepam tablets without a license was punishable under the Act. The court further analyzed the admissibility of affidavits and the lack of evidence regarding the production and sealing of the case property.
Issues: The issues revolved around the applicability of Section 50 of the Act, the legality of the recovery of Diazepam tablets, and the admissibility of affidavits and evidence regarding the production and sealing of the case property.
Ratio Decidendi: The court's decision was influenced by the interpretation of relevant legal provisions, including Section 2(xxiii) of the Act, Schedule-I, and case law. The court emphasized the importance of proper adherence to procedural requirements and the need for credible evidence to support the prosecution's case.
Final Decision: The court dismissed the appeal, upholding the judgment of acquittal for the respondent.
Jora Singh, J.
1. State of Punjab through Public Prosecutor filed this appeal to impugn the judgment dated 6.4.1999 rendered by Additional Sessions Judge, Sangrur, in FIR No. 52 dated 25.6.1996 under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act), Police Station Longowal, vide which Dharam Singh, accused- respondent, was acquitted of the charge levelled against him.
2. Prosecution story, in brief, is that on 25.6.1996, police party headed by ASI Karnail Singh while on patrol duty was going towards Village Jharron. When police party was near the bridge of drain in the area of village Jharron, they sighted the accused while coming from the opposite direction. At that time, the accused was carrying a plastic envelope in his right hand. On seeing the police party, accused tried to flee away towards his left side in the fields. On suspicion, the accused was apprehended. In the meantime, Roop Singh, Chowkidar, came from the side of village Togewal. Roop Singh was joined by the police party. On enquiry, the accused disclosed his name as Dharam Singh son of Chand Singh. The Investigating Officer told the accused that the envelope carried in his right hand was to be searched. Offer was given to the accused as to whether he wanted the plastic envelope carried by him to be searched before any Gazetted Officer or a Magistrate, but the accused reposed faith in the Investigating Officer. Consent memo was prepared, which was signed by the accused and attested by the witnesses. The Investigating Officer searched the envelope carried by the accused and on search, intoxicating tablets, namely, Diazepam were recovered from the plastic dabba. Two samples, each of 25 tablets, were separated and were converted into two separate plastic dabbis. Remaining tablets after counting were found to be 1800. Remaining tablets were transferred into a separate plastic dabbi. Two samples, each of 25 tablets, and remaining tablets in a separate dabbi, were sealed by the Investigating Officer with his own seal bearing impression KS. The seal after its use was handed over to HC Harbans Singh.. Case property was taken into police possession. On personal search, currency notes of Rs. 30/- were recovered from the accused. Ruqa was sent to the Police Station, on the basis of which, formal FIR was registered.
3. Rough site plan with correct marginal notes was prepared. On return to the Police Station, the accused along with case property was produced before SI/SHO Gurpreet Singh. SHO checked the case property and after verification sealed the case property with his own seal bearing impression GS and also affixed his seal on the sample seal. The case property was deposited with the MHC.
4. On 1.7.1996, one sample parcel was sent to the office of Chemical Examiner and as per report of the FSL, average 50 mg Diphenhy dramin hydrochloride and average 5 mg of Diazepam have been found in each of these tablets.
5. After completion of investigation, challan was presented. The accused was charged under Section 22 of the Act.
6. Prosecution examined four witnesses.
7. Constable Gurtej Singh (PW1) had deposited the sample parcel in the office of Chemical Examiner on 2.7.1996. Receipt obtained was handed over to the MHC on 3.7.1996.
8. MHC Swaran Singh (PW2) stated that on 25.6.1996, case property was deposited with him by SI Gurpreet Singh. On 1.7.1996, he had handed over one sample parcel to Constable Gurtej Singh for depositing in the office of Chemical Examiner. After deposit, the receipt obtained was handed over to him on 3.7.1996.
9. SI Gurpreet Singh (PW3) stated that on 25.6.1996, he was the SHO of Police Station Longowal. On that date, ASI Karnail Singh produced the accused and the case property before him. After verification, he had affixed his own seal bearing impression GS on the entire case property and also on the sample seal. The case property was deposited with the MHC.
10. HC Harbans Singh (PW4) is one of the rec
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