Back
2010 Supreme(P&H) 738
2010(2) RCR(Cri) 562
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
T.P.S. MANN, J
Karnail Singh - Appellant
Versus
State of Punjab - Respondent
Criminal Appeal No. 311-SB of 2005
Decided on : February 01, 2010
For the Petitioner:Mr. Satnam Singh Gill, Advocate.
For the Respondent:Mr. P.S. Grewal, Assistant Advocate General, Punjab.
The main legal point established in the judgment is the assessment of conscious possession of contraband and the consideration of mitigating factors in sentencing.
Headnote:
Narcotic Drugs And Psychotropic Substances Act - Possession of Poppy Husk - Section 15 of the Narcotic Drugs And Psychotropic Substances Act, 1985 - Summary: The appellant was found in possession of 22½ kgs. of poppy husk and was convicted under Section 15 of the Act. The court upheld the conviction but reduced the sentence of imprisonment to the time already served by the appellant.
Fact of the Case:
The appellant was found in possession of 22½ kgs. of poppy husk and was convicted under Section 15 of the Narcotic Drugs And Psychotropic Substances Act, 1985. He appealed against the conviction and sentence.
Finding of the Court:
The court upheld the conviction of the appellant under Section 15 of the Act but reduced the sentence of imprisonment to the time already served by the appellant.
Issues: The main issue was whether the appellant was in conscious possession of the contraband and whether the evidence against him was sufficient to prove his guilt.
Ratio Decidendi: The court found that the evidence indicated the conscious possession of the contraband by the appellant, and there was no evidence to support his claim of false implication. The court also considered the appellant's time served, status as a first offender, and his family's dependency in reducing the sentence.
Final Decision: The conviction under Section 15 of the Narcotic Drugs And Psychotropic Substances Act, 1985 was maintained, but the sentence of imprisonment was reduced to the time already served by the appellant. The sentence of fine, along with its default clause, was maintained.
T.P.S. Mann, J
1. The appellant was tried under Section 15 of the Narcotic Drugs And Psychotropic Substances Act, 1985 for being found in possession of 22½ kgs. of poppy husk. Vide judgment and order dated 7.2.2005, learned Judge, Special Court, Sangrur convicted the appellant for the said offence and sentenced him to undergo rigorous imprisonment for two years and to pay a fine of Rs.10,000/-, in default of payment of fine, to undergo further rigorous imprisonment for three months. Aggrieved of the same, the appellant has filed the present appeal.
2. According to the prosecution, on 20.7.2004, ASI Devinder Singh of Police Station Sunam, alongwith other police officials, was going from Khadial on a government vehicle. When the police party reached at the bridge of the drain, then one person was seen sitting in the shade of the tree on the left side of the road on the bank of the drain and open jute bag and plastic mug were lying by his side. On seeing the police party, he tried to slip away, however, he was apprehended on suspicion. When asked, he disclosed his name as Karnail Singh son of Naginder Singh, caste Jat, resident of village Chathe Nanhera. ASI Devinder Singh searched the jute bag belonging to the appellant and found that it was containing poppy husk. Two samples of 250 gms. each, out of the recovered poppy husk, were taken. The remaining poppy husk, when weighed was found to be 22 kgs. Plastic mug was also taken into possession. All the parcels were sealed by ASI Devinder Singh with his seal bearing inscription 'DS' and taken into possession vide separate recovery memo. The seal after use was handed over to HC Jagdev Singh. ASI Devinder Singh then sent a ruqa to Police Station, Sunam, on the basis of which FIR No. 302 dated 20.7.2004 was registered against the appellant under Section 15 of the Act.
3. After completion of the investigation and requisite formalities, the challan was presented against the appellant. He was charged for an offence under Section 15 of the Act to which he pleaded not guilty and claimed trial.
4. In support of its case, the prosecution examined PW1 Inspector Harinder Singh, PW2 Narinder Singh, PW3 MHC Mehar Singh, PW4 ASI Devinder Singh and PW5 HC Jagdev Singh. The remaining witnesses were given up as unnecessary. Report of the Forensic Science Laboratory was also tendered in evidence.
5. When the appellant was examined under Section 313 Cr.P.C., he denied the incriminating evidence appearing against him. He pleaded false implication and claimed that he was innocent. According to him, he was going from village Chajjli to Lehra on scooter. However, he was stopped at a police picket set up in village Chhajli. He showed the affidavit regarding purchase of the scooter. However, there was an altercation between him and ASI Devinder Singh and the latter planted a false case upon him. The appellant, however, did not produce any evidence in defence.
6. As mentioned above, the trial Court believed the prosecution version and convicted and sentenced the appellant. Learned counsel for the appellant has submitted that the appellant could not be in conscious possession of the contraband. According to the prosecution, he was sitting in the shade of a tree, whereas the jute bag and plastic mug were allegedly lying at a distance from him. Therefore, he could not be connected with the contraband.
7. I have gone through the statement of PW4 ASI Devinder Singh, photocopy of which has been produced for perusal by learned counsel for the appellant. In his testimony, ASI Devinder Singh stated that the accused was sitting near the bag which was lying at a distance of one foot from him. This is sufficient indication of the fact that the bag containing the contraband and the mug was in conscious possession of the appellant. There is no evidence that the contraband was lying at a considerable distance from the appellant or that some other persons were also present there. Moreover, on seeing the police party
