Back
1999 Supreme(P&H) 677
PUNJAB AND HARYANA HIGH COURT
R.L. Anand, J.
Satnam Singh - Appellants
Versus
State of Punjab - Respondent
Criminal Appeal No. 638-SB of 1997
Decided On : 20 July, 1999
For the Appellant :Mr. M.S. Dhaliwal, Advocate.
For the Respondent: Mr. S.S. Randhawa, D.A.G. Punjab.
Non-compliance with the provisions of Section 50 of the NDPS Act and defective investigation can lead to the acquittal of the accused.
Headnote:
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 - SECTION 50 - CONSENT STATEMENT - ATTESTATION - INDEPENDENT WITNESS - JOINT STATEMENT OF ACCUSED - NON-COMPLIANCE - DEFECTIVE INVESTIGATION - ACQUITTAL.
Fact of the Case:
Appellants were convicted under Section 15 of the NDPS Act for possessing 42 gunny bags containing poppy husk. They challenged the conviction, arguing that the investigation was defective and the provisions of Section 50 of the Act were not complied with.
Finding of the Court:
The court found that the consent statement of the appellants was not attested by an independent witness, as required by Section 50 of the NDPS Act. It also found that the joint statement of the accused was not a good compliance with the law. The court held that the investigation was conducted in a defunctory manner, causing reasonable doubt in the mind of the court about the genuineness of the recovery.
Issues: 1. Whether the provisions of Section 50 of the NDPS Act were complied with in the investigation. 2. Whether the investigation was conducted in a fair and impartial manner.
Ratio Decidendi: The court held that the provisions of Section 50 of the NDPS Act were not complied with in the investigation, as the consent statement of the appellants was not attested by an independent witness and the joint statement of the accused was not a good compliance with the law. The court also held that the investigation was conducted in a defunctory manner, causing reasonable doubt in the mind of the court about the genuineness of the recovery.
Final Decision: The court allowed the appeal, set aside the judgment and order of the Trial Court, and acquitted the appellants of the charge framed against them.
R. L. Anand, J. - Two appellants Satnam Singh and Darshan Singh have filed the present criminal appeal and it has been directed against the judgment and order dated 8.8.1997 passed by the court of Additional Sessions judge, Sangrur who convicted the appellants under sections 15 of the N.D.P.S. Act and sentenced each one of them to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. one (lac) each. In default of payment of fine, each one of them was further sentenced to undergo rigorous imprisonment for a period of one year.
2. The brief facts of the case are that ASI Gurmail Singh Incharge of Police Post Khanauri alongwith Head Constable Mukhtiar Singh and other Police Post Khanauri along with Head Constable Mukhtiar Singh and other police force were returning in a Government Vehicle from Moonak Harirgarh towards Manvi through pucca road after patrolling. When they reached near the bridge of canal minor in the area of village Manvi the accused were seen coming on tractor trolley from the opposite side. Satnam Singh was the driver of the tractor trolley while Darshan Singh was sitting on the gunny bags on the tractor trolley. On suspicion they were stopped. The tractor was Mahindra make with registration No. PCC 1059 of blue colour. ASI Gurmail Singh told them that he wanted to search the tractor trailer if they so desire search could be made in the presence of a Gazetted Officer or a Magistrate. Both of them reposed confidence in him. Their statements were recorded as token of consent.
3. Thereafter tarpaulin was removed. In the meantime Raj Kumar PW came there and he was joined in the investigation. He searched the tractor trolley. In the presence of Raj Kumar 42 gunny bags containing poppy husk were recovered from the tractor trolley. Each bag was found to contain 40 Kilograms of poppy husk. Two samples of 250 grams each were separated from each bag and the remaining poppy husk was kept in the same bag. Gunny bags and sample were made into parcels separately and were sealed with the seal bearing impression GS. The case property was taken to the Police Station by the Investigating Officer. The seal after use was handed over to Head Constable Mukhtiar Singh. From personal search of Satnam Singh Rs. 56/- were recovered and from the personal search of Darshan Singh currency notes of Rs. 22/- were recovered which were taken into possession by the police. Registration book and other documents of the tractor were taken into possession by the police. Ruqa was sent for the registration of the case on the basis of which formal F.I.R. was recorded. Investigating Officer also prepared the rough site plan. On return to the Police Station he produced the case property with seals intact before Ajaib Singh, S.H.O. alongwith the accused and the witnesses. He verified the investigation and resealed the case property with his own seal bearing inscription AS. The sample was sent to the office of the Chemical Examiner who declared the contents ass chura poppy husk. On completion of the investigation, the accused were challaned in the court of Area Magistrate who supplied copies of the documents to the accused as required under law and vide commitment order dated 28.1.1991 committed the accused to the court of Sessions. Vide order dated 1.4.1991, appellants were charge-sheeted under section 15 of the N.D.P.S. Act. The charges were read over and explained to the accused to which they pleaded not guilty and claimed trial.
4. In order to prove its charge, prosecution examined ASI Mukhtiar Singh as PW.1, Inspector Gurmail Singh as PW. 2, Inspector Ajaib Singh as PW.3, ASI Lachman Dass as PW. 4 and Constable Jagdish Singh as PW. 5. Raj Kumar was not examined by the prosecution. He was given up as having been won over by the accused. Further prosecution tendered in evidence report of the Chemical Examine Ex.PL and closed the case.
5. Statement of the accused was recorded under section 313 Criminal Procedure Code and
