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2009 Supreme(P&H) 2218
PUNJAB AND HARYANA HIGH COURT
Mr. Sham Sunder, J.
Bhupinder Singh - Appellant
Versus
State of Punjab - Respondent
Criminal Appeal No. 659-SB of 2001.
Decided On : 22 December, 2009
For the Appellant : None.
For the Respondent:Mr. T.S. Salana, Deputy Advocate General, Punjab.
The court discussed the violation of mandatory provisions of Section 42, the applicability of Section 50, and the compliance with Section 57 under the Narcotic Drugs and Psychotropic Substances Act, 1985.
Headnote:
Narcotic Drugs - Conviction under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 42, 50, 57 - The court discussed the violation of mandatory provisions of Section 42, the applicability of Section 50, and the compliance with Section 57. The judgment upheld the conviction and maintained the order of substantive sentence, while the sentence awarded in default of payment of fine abated due to the appellant's demise.
Fact of the Case:
The accused was found in possession of poppy husk without a permit or license. The raiding party, led by the Deputy Superintendent of Police, conducted a search and recovered the contraband from the accused's truck. The accused claimed false implication but did not present any defense evidence.
Finding of the Court:
The trial court convicted and sentenced the accused, which was upheld in the appeal. The order imposing the fine remained intact, and the amount was to be recovered from the estate of the deceased accused.
Issues: Violation of mandatory provisions of Section 42, applicability of Section 50, compliance with Section 57
Ratio Decidendi: The provisions of Section 42 were not applicable to the facts of the case, and the provisions of Section 50 were not applicable as the recovery was not from the person of the accused. The court also found that no prejudice was caused to the accused due to non-compliance with Section 57.
Final Decision: The judgment of conviction was maintained, and the appeal regarding the order of substantive sentence and sentence awarded in default of payment of fine abated due to the appellant's demise.
Sham Sunder, J. - This appeal is directed against the judgment of conviction, and the order of sentence, dated 01.03.01, rendered by the Court of Special Judge, Hoshiarpur, vide which, it convicted the accused, for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be called as the Act only) and sentenced him to undergo rigorous imprisonment for a period of 10 years, and to pay a fine of Rs. 1,00,000/-, and, in default thereof, to further undergo rigorous imprisonment for a period of six months, for having been found in possession of 27 bags each containing 35 Kgs 250 grams of poppy husk, without any permit or licence.
2. The facts, in brief, are that, Ajaib Singh, Deputy Superintendent of Police, along with Nirmaljit Singh, Sub Inspector, Sita Ram, Sub Inspector, Head Constable Balbir Singh, and other Police officials, was present, at Adda Tuto-Mazra, in connection with the search of thieves, when a secret information was received, that Bhupinder Singh @ Kala son of Rikhi Ram, resident of Garhshankar, was present alongwith truck No. HIU-2451, containing poppy husk, in order to dispose of the same, to the customers. Thereafter, Ajaib Singh, Deputy Superintendent of Police, constituted a raiding party, wherein, Jagir Singh, retired Subedar, and Harbhajan Singh, Member Panchayat, were joined as independent witnesses. Thereafter, a raid was conducted, by the raiding party, headed by Ajaib Singh, Deputy Superintendent of Police. The accused, was found present under the Kikkar tree alongwith truck No. HIU-2451. He was apprehended by Ajaib Singh, Deputy Superintendent of Police. Thereafter, Ajaib Singh Deputy Superintendent of Police, disclosed his identity, to the accused, and asked him whether, he wanted the search to be conducted in the presence of a Magistrate or a Gazetted Officer. The accused, replied that he did not want the search to be conducted, from any other member of the Police party, nor did he want to be searched, in the presence of a Magistrate or any other Gazetted Officer. The accused further told Ajaib Singh, Deputy Superintendent of Police, that he could conduct his personal search as also the search of the truck. Memo PE, was thumb marked by the accused, and attested by Nirmaljit Singh, Sub Inspector, Subedar Jagir Singh, and Harbhajan Singh, independent witnesses. Thereafter, Ajaib Singh, Deputy Superintendent of Police, conducted the personal search of the accused and recovered a sum of Rs. 1,500/- which was taken into possession, vide memo PF, attested by Nirmaljit Singh, Sub Inspector and others. Thereafter, the truck, was searched by Ajaib Singh, Deputy Superintendent of Police, wherein, crazy chips, were found loaded, and underneath the same, there was a tirpal. When the tirpal was removed, 27 bags of poppy husk, were recovered 250 grams of poppy husk, was taken, as sample, from each bag, and the remaining poppy husk of each bag, after weighing, came to be 35 kgs. Thereafter, the bags containing the poppy husk, and the samples parcels, were sealed by Ajaib Singh, Deputy Superintendent of Police, with his seal, bearing impression AS. Ajaib Singh, Deputy Superintendent of Police; also filled in two CFSL forms and prepared the sample seal. Thereafter, the case property, including the samples, were taken into possession, vide memo PG, attested by the witnesses. Ruqa PA. was sent to the Police Station, on the basis whereof, FIR PA/l, was registered. Rough site plan PH of the place of recovery was prepared. Ajaib Singh, Deputy Superintendent of Police, handed over the case property, as well as the accused, to Ninnaljit Singh, Sub Inspector. Thereafter, Nirmaljit Singh, Sub Inspector, got deposited the case property, at the Police Station alongwith sample parcels thereof with seals intact Mohinder Singh, Station House Officer, put his seal over the case property, as also the samples, bearing impression MS. On 26.04.98, Bhupinder Singh, accus
