Gursev Singh vs State of Punjab - 2023 Supreme(P&H) 3247

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 3247

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANJAY VASHISTH, J.
Gursev Singh – Appellant
Versus
State of Punjab – Respondent
CRA-S NO. 814-SB of 2004
Decided On : 04-05-2023

Advocates Appeared:
Mr. H.S. Randhawa, Advocate; For the Appellant
For the Respondent: Mr. Anmol Singh Sandhu, AAG, Punjab.

Headnote:(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 15 - Conviction and sentencing under NDPS Act challenged on appeal - Prosecution evidence critically examined - Lack of reliable testimony and procedural flaws noted; failure to establish conscious possession of contraband - Appellant acquitted for benefit of doubt. (Paras 21, 10, 18, 9, 24)

(B) Legal Standard of Proof - Prosecution bears the burden to establish guilt beyond reasonable doubt - Gaps in prosecution's case highlighted by absence of independent witnesses and contradictory testimonies.

Facts of the case:
Appellant, accused of selling poppy husks, was apprehended after a raid where officers found contraband in bags. Despite recovery, questions arose regarding the integrity of the evidence and efficacy of the investigation.

Findings of Court:
The judgment and sentence from Trial Court were set aside; appellant acquitted due to insufficient evidence.

Issues: The core issues addressed were the credibility of the prosecution's evidence and whether the appellant possessed the contraband knowingly and intentionally.

Ratio Decidendi: The court ruled that the prosecution's circumstantial and testimonial evidence failed to prove the appellant's guilt beyond reasonable doubt.

Result: Appeal allowed; appellant acquitted.

Table of Content
1. conviction details and prosecution outline. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. arguments against the integrity of the prosecution case. (Para 8 , 12 , 13 , 15 , 18 , 20)
3. court's reasoning on prosecution's failure to prove guilt. (Para 9 , 10 , 11 , 14 , 17 , 19)
4. judicial conclusion and acquittal of the appellant. (Para 21)

JUDGMENT

Mr. Sanjay Vashisth, J.

.Appellant - Gursev Singh, aged 39 years (recorded at the time of conviction), has filed instant appeal against the judgment of conviction and order of sentence dated 01.03.2004, passed by the Ld. Judge, Special Court, Patiala (in short 'Ld. Trial Court'), in Sessions Case No. 19-T of 16.05.2002/04.12.2003, arising out of FIR No.17, dated 21.03.2002, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity 'the NDPS Act'), registered at Police Station Ghagga, Patiala.

Accused-appellant was held guilty for commission of offence punishable under Section 15 of the NDPS Act, and was ordered to undergo sentence(s), as detailed hereunder in the tabulated form:

Name of Convict	Under Section	Sentence	Fine	In Default
Gursev Singh	15 of NDPS Act	10 years RI	Rs. 1,00,000/-	01 year RI

2. Story propounded by the prosecution and mentioned in para No.2 of the judgment, is reproduced as under:-

"on 21/3/2002 SI Bindu Bala along with her police party was present in Police Station Ghagga where she received secret information that accused Gursev Singh was selling poppy husk in Gurdialpura Beer and if raid is conducted he could be apprehended. SI Bindu Bala registered FIR (Ex.PB) on the basis of information and informed DSP Satvir Singh Atwal on phone to reach at the spot. Then the Police party proceeded to conduct raid and on the way Pala Singh P.W. met them in the area of village Kalawanu of the Bridge of Bhakra Canal. He was joined in the Police party after disclosing the facts of the case. DSP Satvir Singh Atwal met them at the Bus Stand of village Gurdialpura. On reaching the spot as per information the accused was found sitting on the bags under a tree. On seeing the police party accused ran away. He was identified by S.I. Bindu Bala, as he used to visit police station Ghagga in connection with the work of his companion. The police party found mouth of one bag open and remaining three bags were tied with the help of a jute string. On the direction of DSP, the Investigating Officer Bindu Bala conducted search of bags which were found to contain Chura Poppy heads. A plastic box was also lying in the bag, mouth of which was already open. Two samples of 250 gms each out of all the bags were separated and remaining Chura Popply heads came to be 29 Kgs 500 grams each bag. Sample parcels and the residue parcels were sealed with the seal bearing impression BB of Bindu Bala, SI and SS of DSP Satvir Singh. Specimen impression of seal used (Ex.P1) was also prepared. Both the seals after use were handed over to P.W. Pala Singh. Seizure Memo (Ex.PC) of case property was prepared. Visual site plan (Ex.PD) was prepared. On return to the Police Station case property was produced before SI Ajaib Singh who verified factum of recovery and found the same to be correct. He also affixed his seal bearing impression AS on the case property and deposited the same with MHC Satnam Singh in presence of SI Bindu Bala. On the next day ASI Karan Singh was directed by SI Bindu Bala to produce the case property before Illaqa Magistrate vide request (Ex.PE) and he complied with the same. On 23/2/2002 SI Bindu Bala was present at bus stand Ghaga along with other Police officials where Surjit Singh produced accused Gursev Singh before her. Accused was formally arrested and grounds of arrest (Ex.PF) were conveyed to him. Information Memo (Ex.PF/1) regarding arrest of the accused was also prepared. Personal Search Memo (Ex.PF/2) was also prepared. The sample was sent to the Forensic Science Laboratory and vide report Ex.PG the same was found to be tha