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2019 Supreme(P&H) 1056
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Rajiv Sharma, Harinder Singh Sidhu, JJ.
Mohan Goyal @ Soni – Appellant
Versus
State of Punjab – Respondent
Criminal Appeal (D) No. 521 of 2016
Decided On : 22-07-2019
Advocate Appeared:
Akshay Jain, S.P.S. Tinna.
The judgment establishes the importance of proving the integrity of case property and the commercial quantity of contraband under the Narcotic Drugs and Psychotropic Substances Act.
Headnote:
Narcotic Drugs and Psychotropic Substances Act - Offence under Section 22 - 1985 NDPS Act - Section 22
Fact of the Case:
The appellant was charged with and tried for an offence punishable under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The prosecution's case was based on the recovery of 190 vials of Rexcof from the accused, who denied the allegations and claimed false implication.
Finding of the Court:
The court found that the recovery and apprehension of the accused were proved by official witnesses, and the case property remained intact from recovery till production before the Chemical Examiner. The Chemical Examiner report confirmed the contraband's commercial quantity, leading to the court's conclusion that the prosecution had proved the case beyond reasonable doubt.
Issues: The issues revolved around the recovery of contraband from the accused, the integrity of the case property, and the determination of commercial quantity under the NDPS Act.
Ratio Decidendi: The court emphasized the importance of proving the integrity of case property and the commercial quantity of contraband. It also clarified that the provisions of Section 50 of the NDPS Act, relating to personal search, were not attracted in this case.
Final Decision: The appeal was dismissed, affirming the conviction and sentence of the appellant under Section 22 of the NDPS Act.
JUDGMENT :
Harinder Singh Sidhu, J.
1. This appeal is instituted against the judgment and order dated 07.05.2016 rendered by the Judge, Special Court, Bathinda in Sessions Case No. 111 of 2012 whereby the appellant, who was charged with and tried for offence punishable under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ‘NDPS Act’) has been convicted and sentenced to undergo rigorous imprisonment for a period of fourteen years and to pay fine of Rs. 1,50,000/- and in default to further undergo rigorous imprisonment for a period of two years.
2. The case of the prosecution in a nutshell is that on 22.09.2011 ASI Kirpal Singh, CIA Staff, Bathinda along with police party was on patrol duty in a government vehicle. They were going towards railway station, Bathinda through Mal Godown road. When police party reached near Shiv Mandir then accused present in the Court was seen coming from the railway line. He was carrying a card board box on his head. When he saw the police party he tried to go back. But he fell down. The card board box fell on the footpath. Some vials came out of the box. On suspicion the vehicle was stopped and the accused was apprehended with the help of police party. Meanwhile Sonu Sharma alias Kochhi reached the spot. He was joined in police party. The accused disclosed his name as Mohan Goyal R/o Sirsa. ASI Kirpal Singh checked the said box. After collecting the scattered vials from the ground and those in the box the total was 190 vials of Rexcof each of 100 ml having batch No. A-1326. The accused failed to produce the bill for the same. ASI Kirpal Singh took one vial as sample. He prepared a sample parcel and also prepared bulk parcel of the reamining recovered rexcof vials and sealed both the parcels with his seal bearing impression "KS." Sample seal Ex.PW-4/A was prepared separately. Seal after use was handed over to HC Harinder Singh as private witness Sonu showed his inability to accept it. He then took into possession the entire case property alongwith sample seal vide memo Ex.P1. Accused was personally searched vide memo Ex.P2. He sent ruqa Ex.PW-5/A through HC Rajiv Kumar. FIR Ex.PW-5/B was registered by ASI Gurinder Singh. Accused was arrested vide memo Ex.P3. He prepared rough site plan Ex.PW-5/C. On return to police station he produced accused alongwith entire case property, sample seal and personal search before officiating SHO SI Pal Singh vide entrustment memo Ex.PW-4/B. The samples were sent for chemical examination. On receipt of the report and completion of formalities challan was presented.
3. The prosecution examined number of witnesses in its support. The statement of the accused under Section 313 Cr.P.C. was recorded. He denied the allegations levelled against him and pleaded false implication. He stated that nothing was recovered from him. He was apprehended from Railway Station in late hours. No statement of any Railway employee or passenger was recorded in the case. Some altercation had taken place between him and ASI Kirpal Singh. In defence, he examined DW-1 HC Sparan Singh.
4. The appellant was convicted and sentenced as referred to above. Hence, this appeal.
5. We have heard learned counsel for the parties and have gone through the judgment and record.
6. PW-1 SI Harjinder Kaur stated that on 22.09.2011 she was posted as SI/IO at Police Station Kotwali, Bathinda. On that day she received the file of this case for investigation. Same day she recorded the statement of SI Pal Singh, officiating SHO and HC Parminder Singh, who deposited the sample parcel with FSL Chandigarh, Mohali. On 24.5.2012 she recorded the statement of HC Bhim Singh of NDPS Godown, Bathinda. On completion of investigation and receipt of Chemical Examiner report Ex.P1, challan against the accused was prepared and submitted by Inspector Jagdish Lal, then SHO P.S. Kotwali.
7. PW-2 HC Harinder Singh stated that on 22.09.2011 he was posted as HC at CIA Staff, Bathinda. That day he along with I
