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2020 Supreme(P&H) 322
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Harminder Singh Madaan, J.
Som Nath - Appellant
Versus
State Of Punjab - Respondent
CRA-S-144-SB-2005
Decided On : 05-03-2020
Harkesh Manuja and Vishva Bahl, Advocates, for the Appellant; Amarjit Kaur Khurana, DAG, for the Respondent
The main legal point established in the judgment is the significance of compliance with statutory provisions, the credibility of witnesses, and the quantity of contraband in determining guilt and sentencing under the Narcotic Drugs and Psychotropic Substances Act.
Headnote:
Narcotic Drugs and Psychotropic Substances Act - Conviction under Section 18 - 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 - Summary of Acts and Sections: The court discussed the provisions of Section 18(b) of the Act and the compliance with Section 42 and 57 of the Act. It also highlighted the legal principles established in judgments such as Mohan Lal v. State of Punjab, State of Rajasthan v. Jag Raj Singh @ Hansa, State of Punjab v. Hari Singh and others, and Gannu and another v. State of Punjab.
Fact of the Case:
The accused was convicted for an offence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The prosecution story involved the recovery of opium from the accused and the subsequent legal proceedings.
Finding of the Court:
The court found the accused guilty based on the prosecution evidence and the testimony of witnesses. It upheld the conviction and sentence, dismissing the appeal filed by the accused.
Issues: The issues included the compliance with Section 42 and 57 of the Act, the fairness of the investigation, and the quantity of contraband recovered.
Ratio Decidendi: The court emphasized the importance of compliance with statutory provisions, the credibility of witnesses, and the quantity of contraband as key factors in reaching its decision.
Final Decision: The judgment of conviction and order of sentence were upheld, and the appeal was dismissed. The accused's bail was cancelled, and he was directed to undergo the remaining sentence.
JUDGMENT
Harminder Singh Madaan, J. - This appeal is directed against the judgment dated 11.12.2004 passed by learned Judge, Special Court, Patiala vide which, accused Som Nath was convicted for an offence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as THE ACT) and vide order of the same date, he was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/- and in default thereof, to further undergo rigorous imprisonment for two years.
2. The accused-convict-Som Nath, who is appellant before this Court prays that the appeal be accepted, the impugned judgment of his conviction and sentence be set aside and he be acquitted of the charge framed against him.
3. Briefly stated, the facts of the case as per the prosecution story are that on 25.6.2002, Inspector Jassa Singh (hereinafter referred to as the Investigating Officer/I.O.), SHO of Police Station Sadar, Patiala along with other police officials travelling in a official vehicle make Allwyn Nissan bearing registration No. PB-11B-7278, in connection with checking of suspects, was present at bus stand of Kauli, where he received a secret information that accused Paramjit Singh and Som Nath were selling opium in the area of villages Shankarpur, Alamapur and Fatehpur Jattan on scooter No. PB-12C-8127 make Bajaj Chetak and if a raid was conducted, they could be caught red handed. The information being reliable, the Investigating Officer sent ruqa to the Police Station Sadar, Patiala for registration of the FIR. He sent a wireless message to Sh. Sandeep Sharma, DSP(R). Thereafter, the police party in the said vehicle proceeded further to hold a picket. However, on the way near village Kauli, Shabeg Singh, an independent witness joined them. Picket was laid at drain bridge in the area of village Kauli, where scooter bearing registration No. PB-12C-8127 driven by accused Som Nath was spotted coming from the side of village Shankarpur. Paramjit Singh was pillion riding that scooter. The said scooter was intercepted and names and addresses of accused persons were ascertained. In the meanwhile, Sandeep Kumar, DSP(R), Patiala reached there in a official gypsy along with Gunmen. The said DSP disclosed his identity as a gazetted officer to the accused persons. Accused Paramjit Singh was holding a bag (JHOLA) in his hand. DSP expressed his intention to search the bag carried by the accused and they were informed of their right to get the search conducted in presence of gazetted officer or Magistrate. However, both the accused reposed confidence in the DSP and consent memo in that respect was prepared, which was signed by the accused and duly witnessed. Then on directions of DSP, bag being held by accused Paramjit Singh in his hand was searched and it was found to contain opium wrapped in glazed paper. Two samples of 10 gms. each were drawn therefrom. The samples were converted into parcels and the remaining opium on being weighed came out to be 4.980 kgs. It was put in a small tin box and was converted into a parcel. All the three parcels were sealed with the seal of the Investigating Officer-Jassa Singh having inscription JS and that of Sandeep Kumar, DSP having inscription SK. Separate sample chit was prepared. The case property was taken into possession vide recovery memo. The Investigating Officer handed over his seal to an independent witness, namely, Shabeg Singh, whereas Sandeep Kumar, DSP retained his seal with himself. The scooter along with its registration certificate and other documents was taken into possession vide a seizure memo. The accused persons could not produce any permit/licence for possessing of opium. Special reports were sent to Illaqa Magistrate and higher police officers. The site plan of the place of recovery was prepared. Grounds of arrest were furnished to the accused and a memo were prepared in that regard. The personal search of accused Som Nath was conducted, which res
