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PUNJAB & HARYANA HIGH COURT
Virender Singh, J.
Des Raj
Versus
State Of Punjab
Criminal Appeal No. 577 of 1999,
Decided On : MAY 25, 2005
Narcotic Drugs - Non-compliance of Section 50 and Section 56 of the Narcotic Drugs and Psychotropic Substances Act, 1985 - Summary of Acts and Sections: Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 - The court discussed the non-compliance of Section 50 and Section 56 of the Act, highlighting the violation of the mandatory provisions of Section 50 and the infirmity in the link evidence. The court emphasized the importance of strict compliance with the provisions of Section 50 and the duty of the prosecution to prove the safe custody of the sample, ultimately leading to the acquittal of the appellant.
Fact of the Case:
The appellant was convicted under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of charas. The prosecution's case was based on the recovery of charas from the appellant, while the appellant claimed to be falsely implicated.
Finding of the Court:
The court found that the prosecution failed to prove the charge against the appellant beyond any shadow of reasonable doubt, emphasizing the non-compliance of Section 50 and the infirmity in the link evidence. As a result, the appellant was acquitted.
Issues: Non-compliance of Section 50 and Section 56 of the Act, discrepancies in the statements of official witnesses, and the plea of false implication by the appellant.
Ratio Decidendi: The court emphasized the importance of strict compliance with the provisions of Section 50 of the Act and the duty of the prosecution to prove the safe custody of the sample, ultimately leading to the acquittal of the appellant.
Final Decision: The present appeal is allowed, and the appellant is acquitted of the charge.
Virender Singh, J.
1. Vide impugned judgment of Special Judge, Roopnagar dated 22/23.4.1999, Des Raj son of Ram Singh stands convicted under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter for short `the Act) and has been sentenced to undergo RI for 10 years and to pay a fine of Rs. 1.00 lac; in default thereof to undergo further RI for two years. Hence this appeal.
2. Since the appellant is in custody, the main appeal was ordered to be heard at an early date.
3. In brief the case of the prosecution is that on 26.4.1998 SI Prem Singh (PW-2) and other police officials were on patrol duty and were going from Police Station towards Naya Nangal. The appellant was seen coming from the side of Mehatpur. On seeing the police party, he tried to move towards the gate of the school, but was apprehended on the basis of the suspicion that he was keeping some contraband material with him. SI Prem Singh then apprised the accused that he had suspicion against him for carrying some intoxicating material and gave him the offer as to whether he wanted to get his search conducted in the presence of some Gazetted Officer or Magistrate. The appellant reposed confidence in him and consequently, a consent memo Exhibit PC was prepared, which was signed by the appellant and attested by the Head Constable Bhag Singh and by Vijay Kumar, who were accompanying Prem Singh. A wireless message was also flashed to ASP Ram Singh to reach the spot. After ASP Ram Singh reached the spot, the search of the appellant was conducted in his presence. He had tied a woollen cloth around his waist in which charas wrapped in a polythene paper was kept. The entire charas on weighment turned out to be 1 kg 750 gms. A sample of 10 gms was taken out of it. The recovered charas and sample were then converted into a form of parcel. Both the parcels were sealed with the seal of Investigating Officer, bearing impression PS and after the use, the seal was handed over to ASP Ram Singh. A sample seal Exhibit P-2 was separately prepared. Both, sample as well as the case property were taken into possession vide memo Exhibit PA, which was attested by ASP Ram Singh and other witnesses. Personal search of the appellant was also conducted in which a sum of Rs. 150/- was recovered. A separate memo Exhibit PB was prepared in this regard. Ruqa Exhibit PD was sent to the Police Station on the basis of which formal FIR Exhibit PD/1 was recorded. Rough site plan Exhibit PE was also prepared at the spot. After disclosing the grounds of arrest, the appellant was arrested vide Exhibit PF Other formalities were also completed at the place of recovery. The case property was then deposited by SI Prem Singh with MHC. A special report was also sent to the Illaqa Magistrate as well as SSP, Ropar. After the receipt of the report of the Chemical Examiner Exhibit PK, which declared the contents of the sample as charas, the appellant was challaned. He was consequently charged under Section 20 of the Act. As stated above, he has now suffered conviction.
4. The prosecution, in order to substantiate the charge has examined ASP Ram Singh (PW-1) and SI Prem Singh (PW-2). The recovery has been effected in the presence of these two witnesses. SI Prem Singh is the Investigating Officer also. The investigation conducted by him has been detailed hereinabove. Constable Rajesh Kumar (PW-3) has tendered his affidavit Exhibit PG. Similarly Head Constable Balbir Singh (PW-4) and Constable Amar Chand (PW-5) have also tendered their affidavits PH and PJ, respectively.
5. The plea of the appellant is that he has been falsely implicated in this case by the Police as he was working as an employee in a Nangal Gas Agency; that the police had been pressuring him to supply the gas illegally for which he refused and for this reason the present case has been planted on him. However, no defence was adduced by the appellant.
6. I have heard Ms. Satpreet K. Grewal, learned counsel for the app
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