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2017 Supreme(P&H) 1521
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Arvind Singh Sangwan, J.
Randeep Singh @ Gola - Appellant
Versus
State of UT Chandigarh - Respondent
CRA-S-2732 -SB of 2017 (O&M)
Decided On : 12-09-2017
Advocate Appeared:
For the Appellant :Mr. Amit Sharma, Advocate
For the Respondent: Mr. Amarjit Virk, APP
Strict compliance with the provisions of Section 50 of the Narcotic Drugs and Psychotropic Substances Act is necessary for a valid recovery and conviction.
Headnote:
Narcotic Drugs - Illegal Possession - Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 - 21
Fact of the Case:
The appellant was convicted under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for illegal possession of seven grams of heroin. The recovery memo mentioned the FIR number, raising suspicion about the sequence of events. The prosecution failed to comply with the mandatory provisions of Section 50 of the Act regarding personal search and failed to explain the recovery of a Skoda Car connected to the case. No independent witness was joined, and the appellant claimed false implication.
Finding of the Court:
The court found the prosecution case highly doubtful due to the suspicious recovery memo, non-compliance with Section 50, unexplained recovery of the Skoda Car, lack of independent witnesses, and doubtful manner of investigation. The court ordered the acquittal of the appellant, extending the benefit of doubt to him.
Issues: Non-compliance with Section 50, suspicious recovery memo, unexplained recovery of the Skoda Car, lack of independent witnesses, and doubtful manner of investigation.
Ratio Decidendi: The prosecution's failure to comply with mandatory provisions, lack of explanation for the recovery of the Skoda Car, and the doubtful manner of investigation led to the court's decision to acquit the appellant.
Final Decision: The appellant was acquitted of the charges framed against him.
Arvind Singh Sangwan, J.
1. This appeal is filed against the judgment of conviction dated 5.6.2017 and order of sentence dated 6.6.2017 passed by the Judge Special Court, Chandigarh vide which the appellant was convicted under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the Act') and sentenced to undergo rigourous imprisonment for a period of one year along with a fine of Rs. 10,000/- and further to undergo one month rigourous imprisonment in default of payment of fine.
2. Appeal was admitted and the lower Court record was requisitioned. As per the custody certificate filed in the Court, appellant-accused has already undergone three months of actual sentence out of one year rigourous imprisonment awarded by the trial Court.
3. Brief facts of the case, as per the version given in the FIR, are that on 28.10.2015, Assistant Sub Inspector-Vidyanand was present near the light point of Dadu Majra, Chandigarh. At about 7.30 p.m., one person was seen going towards village Dadu Majra and on seeing the police party, he immediately turned back. On suspicion, he was apprehended. He tried to throw a polythene bag by taking it out from the right side pocket of his trousers. His right hand was caught by the Police in which he was carrying the said polythene and, on checking, heroin wrapped in polythene was found for which he could not produce any permit or licence. Upon weighing the contraband at the spot itself with an electronic scale, it was found to be seven grams, out of which, one sample of two grams was drawn and was sealed in a separate polythene. Similarly, the remaining contraband was also sealed separately. Both parcels were sealed with the seal “RS” and taken into police possession. Later on, the seal was handed over to Constable-Palvinder Singh. Test memo was prepared and, thereafter, a ruqa was sent to the Police Station through Constable-Vikas for registration of the FIR.
4. After completion of the entire investigation, challan was presented and the charges against the appellant-accused were framed on 3.8.2016 under Section 21 of the Act.
5. In order to prove, the prosecution case, PW1 Head Constable Harabans Singh, appeared and produced Register No. 19 to prove the true copies of entries Exhibit P1 with regard to deposit of sealed case property in the malkhana by Inspector-Ranjodh Singh on 28.10.2015 and also with regard to production of case property along with the sample and inventory before the Illaqa Magistrate on 29.10.2015. He also proved the handing over of one sample parcel of two grams heroin along with sample to Constable Suresh Pal on 30.10.2015 for depositing the same in CFSL and exhibited the case property as Exhibit MO1 and Exhibit MO2.
6. Similarly, PW2,Constable-Suresh Pal deposed about deposit of the sample parcels of two grams with CFSL on 30.10.2015 vide a receipt which was handed over to MMHC Harbans Singh.
PW3, Constable-Palvinder Singh, who is the recovery witness, stated that on 28.10.2015, he along with Assistant Sub Inspector-Vidyanand and Constable-Vikas Kumar was on patrol duty and was present near light point of Dadu Majra, when at about 7.30 p.m., the appellant was seen going towards Dadu Majra and, on suspicion, he was apprehended and he tried to throw a polythene bag by taking it out from right side of his pocket of his trousers but his right hand was caught by them along with the polythene and, on checking, heroin weighing seven grams was found which was weighed with an electronic scale and one sample of two grams was drawn and was put into separate polythene and the remaining five grams was put into the same polythene. Both the parcels were sealed with the seal “RS” at two places and were taken into possession vide seizure memo Exhibit P2. He also proved the test memo prepared at the spot Exhibit P3 and, thereafter, the sample of seal was handed over to him. Subsequently, a ruqa, Exhibit P4 was sent by Assistant Sub Inspector-Vidyanand through Constabl
