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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Arvind Singh Sangwan, J.
Harjit Singh @ Hira - Appellant
Versus
State Of Punjab - Respondent
CRA-S-2560-SB-2017 (O&M)
Decided On : 07-09-2021
NDPS Act - Conviction under Section 22 (c) - Summary of Acts and Sections: The court discussed the procedural irregularities in the investigation, including the lack of proper procedure in conducting the search, discrepancies in the preparation of sample parcels, and failure to send the sample parcels drawn in the presence of the Magistrate to the FSL. The judgment also highlighted the failure to follow proper procedure in depositing the case property and the suspicious circumstances surrounding the handling of the case property. The court emphasized the discrepancies in the documents prepared at the spot and the registration of the FIR, raising doubts about the integrity of the prosecution's version. The judgment also referred to the lack of credible evidence and poor investigation, leading to the acquittal of the appellant.
Fact of the Case:
The appellant was convicted under Section 22 (c) of the NDPS Act for possession of intoxicant powder. The prosecution's case was based on the recovery of the powder from the appellant during a police patrol. The appellant claimed to have been falsely implicated, stating that he was picked up from a doctor's shop and later involved in the case.
Finding of the Court:
The court found merit in the appeal due to several discrepancies and irregularities in the investigation, including the preparation of documents with complete details of the FIR before its registration, discrepancies in the handling and deposition of case property, and lack of credible evidence. The court emphasized the failure to follow proper procedure and the suspicious circumstances surrounding the investigation, leading to the acquittal of the appellant.
Issues: The issues included the lack of proper procedure in the investigation, discrepancies in the preparation of sample parcels, failure to send the sample parcels drawn in the presence of the Magistrate to the FSL, and the suspicious circumstances surrounding the handling of the case property.
Ratio Decidendi: The court's decision was based on the discrepancies and irregularities in the investigation, lack of credible evidence, and failure to follow proper procedure, leading to doubts about the integrity of the prosecution's version and resulting in the acquittal of the appellant.
Final Decision: The appeal was allowed, and the judgment of conviction and order of sentence were set aside. The appellant was acquitted of the charge framed against him.
JUDGMENT
Arvind Singh Sangwan, J. - Prayer in this appeal is to set aside the judgment of conviction dated 31.05.2017, vide which the appellant was convicted under Section 22 (c) of Narcotic Drugs and Psychotropic Substances Act (for short 'NDPS Act') and order of sentence of even date, vide which he was ordered to undergo rigorous imprisonment for a period of 10 years along with a fine of Rs.1.00 lac and in default of payment of fine, the appellant was further ordered to undergo R.I. for a period of one year.
2. Brief facts of the case, as per the prosecution version, are that on 20.03.2015, ASI Prem Singh along with ASI Balwinder Singh and other police officials were on patrol duty and were going from Village Badhni Kalan towards Village Rauke Kalan. In the meantime, they noticed that accused-appellant Harjit Singh @ Hira was seen coming from the opposite side and on seeing the police party, he tried to ran away towards the fields, but was apprehended by ASI Prem Singh with the help of other police officials. On inquiry, he disclosed his name as Harjit Singh @ Hira. ASI Prem Singh suspecting that the appellant is carrying some intoxicant substance, gave him a notice apprising about his legal right to get his search conducted in presence of a Gazetted Officer or a Magistrate. The appellant reposed confidence in the Investigating Officer himself and in this regard, a consent memo was prepared, which was signed by the appellant and witnessed by ASI Balwinder Singh and HC Gurcharan Singh. Thereafter, personal search of the appellant was conducted and from the left pocket of his pant, intoxicant powder wrapped in a polythene bag was recovered. Out of the same, 20 grams of intoxicant powder was separated to prepare two sample parcels of 10 gram each and residue came out to be 130 grams and a separate bulk parcel was also prepared for that. The sample parcel as well as bulk parcel were sealed by ASI Prem Singh with seal impression 'PS' and CFSL form was also prepared with the same sample seal. The case property was taken in possession vide recovery memo. From personal search of the appellant, Rs.30/- were recovered. The other formalities like preparation of arrest memo, site plan etc. were made at the spot and thereafter, a ruqa was sent by ASI Prem Singh to the police station through Constable Gurdeep Singh and formal FIR was registered by ASI Balraj Masih. The case property was taken in possession by the police; statements of the witnesses were recorded at the spot. On receiving the report from the Chemical Examiner, challan was presented in the Court. Copies of the challan were supplied free of cost to the accused. The trial Court framed charge under Section 22 of NDPS Act. The accused-appellant did not plead guilty and claimed trial.
3. The prosecution, in its evidence, recorded the statement of PW1 Constable Sukhvir Singh, who tendered in evidence his affidavit Ex.Pl. As per his affidavit Ex.Pl, on 26.03.2015, ASI Balraj Masih handed over two parcels of 10 grams each with seal 'PS+BM' to him and after obtaining the docket from the office of SSP, he deposited the same with FSL on 27.03.2015.
4. PW2 ASI Prem Singh stated that after the appellant was apprehended, he was apprised about his right to get his personal search conducted in presence of a Gazetted Officer or a Magistrate, however, he reposed confidence in him and he prepared a consent memo Ex. P2, which was signed by him and witnessed by ASI Balwinder Singh. From the left pocket of lower worn by the accused, intoxicant powder wrapped in a polythene bag was recovered. He further stated that by arranging computer scale, he prepared two sample parcels of 10 grams each and converted into two parcels. Remaining powder weighing 130 grams was kept in a bulk parcel. He put his seal impression 'PS' on both the parcels and prepared sample seal impression on CFSL form Ex.P3. The case property was taken in possession vide recovery memo Ex.P4 and as per personal search memo Ex.P5, Rs.30/
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