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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
Arvind Singh Sangwan, J.
Ajaib Singh - Appellant
Versus
State Of Punjab - Respondent
Criminal Appeal (S) No. 2443 of 2017
Decided On : 15-09-2018
NDPS Act - Identity of the Accused Not Proved - Acquittal of the Appellant
Fact of the Case:
The appellant was convicted for committing an offence punishable under Section 15 of the Narcotic Drugs and Substances Act, 1985 (NDPS Act) based on the prosecution's case that he was found in possession of poppy husk. The prosecution's evidence included the identification of the appellant by a police officer, but the defense set up by the accused was that they were falsely implicated due to enmity with certain individuals.
Finding of the Court:
The court found that the prosecution failed to prove the identity of the appellant beyond a reasonable doubt. The court noted that the defense set up by the accused was considered in a previous judgment where a co-accused was acquitted on the same set of evidence. The court also highlighted the lack of corroboration for the identification of the appellant and the failure to ask specific questions during the appellant's statement under Section 313 of the Criminal Procedure Code.
Issues: The main issue was the failure of the prosecution to prove the identity of the appellant and the lack of corroboration for the identification by the police officer. The court also considered the defense set up by the accused and the lack of specific questions asked during the appellant's statement.
Ratio Decidendi: The court held that the prosecution's evidence, including the identification of the appellant, was of weak character and could not form the basis for conviction. The court also emphasized the failure to ask specific questions during the appellant's statement and the lack of corroboration for the identification. The court considered the defense set up by the accused and the acquittal of a co-accused on the same set of evidence.
Final Decision: The court allowed the appeal, set aside the judgment of conviction and order of sentence, and acquitted the appellant due to the prosecution's failure to prove the identity of the appellant beyond a reasonable doubt.
JUDGMENT
Arvind Singh Sangwan, J. - This appeal is directed against the judgment of conviction dated 17.02.2017 and order of sentence dated 20.02.2017, passed by the Judge, Special Court, Ferozepur, vide which, the appellant was convicted for committing offence punishable under Section 15 of the Narcotic Drugs and Substances Act, 1985 (for short 'NDPS Act') and was sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1,00,000-; in default of the payment of fine, he was was directed to further undergo rigorous imprisonment for a period of one year.
2. This appeal has been filed through legal aid counsel. Since the appellant is in custody, this appeal is listed in the roster of Specially Constituted Bench for taking it up on Saturdays for its disposal.
3. Brief facts of the case, as per the statement of PW-3 SI Tara Singh (at the time of offence he was ASI), as recorded from his examination-in-chief, reads as under:
"On 29.6.2000, I was posted as CIA Staff Zira as ASI. On that day, I along with ASI Balbir Singh, HC Baljinder Singh and other police officials were holding nakabandi on the crossing in the area of village Amir Shah in connection with night checking on a private jeep. At about, 4 A.M., one canter bearing registration No. PB-05-F-9727 came from the side of Fatehgarh Panjtoor and was signaled to stop and the canter was stopped. The driver of the canter succeeded in escaping away who was identified by me as Ajaib Singh son of Harnam Singh r/o Kot Ise Khan which was earlier know to me. Two persons who were sitting in the body of the canter also managed to escape away from the spot. Thereafter, I conducted search of the canter and I suspect some intoxicating material is lying in the bags five in number. Then I sent a wireless message to Pardeep Kumar, DSP, Sub Division Zira requesting him to reach at the spot i.e. in the area of village Amir Shah. Accordingly, DSP Pardeep Kumar reached at the spot along with his personal staff on his govt. zypsy. Then I conducted the search of the canter in the presence of DSP and recovered five bags containing poppy husk therein. After arranging the weighing material, one sample weighing 250 grams was taken from each bag and their parcels were prepared. Remaining poppy husk on weighment came to 35/35 kgs. in each bag and their separate parcels were prepared. All the five bags were numbered 1 to 5. Similarly, sample parcels were numbered 1 to 5. I sealed all the five sample parcels and bulk parcels with my seal bearing impression TS. Sample seal Exh. P2 was prepared separately and seal after use was entrusted to ASI Balbir Singh by me. DSP also affixed his seal on all the five sample parcels, bulk parcels and sample seal bearing impression PK and kept his seal with him. The entire case property was taken into possession vide memo Exh. P5 along with canter which was attested by ASI Balbir Singh and HC Baljidner Singh and DSP Pardeep Kumar. I recorded the statement of witnesses and sent ruqa Exh. P6 to the police station through constable Baljit Singh, on the basis of which formal FIR Exh. P7 was registered by SI Gurmit Singh who signatures, I identify. Then I prepared rough site plan Exh. P8 of the place of recovery. On return to the police station, I handed over the entire case property and sample seal to SI Gurmit Singh who also affixed his seal bearing impression GSR on the sample parcels and bulk parcels and sample seal and took the entire case property along with canter into his possession vide memo Exh. P1 which was attested by me and ASI Balbir Singh. During the period, the case property remained in my custody, I did not tamper with it nor I allowed anybody to tamper with. On 8.7.2000, I was present at bus stop Shah Bukkar in connection with patrolling where accused Ajaib Singh now present in Court was standing who on seeing the police party, he sat down under the pretext of urinating who was apprehended by me with the assistance of ASI Balbir
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