Gursharan Singh vs State of Haryana - 2023 Supreme(P&H) 3248

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 3248

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANJAY VASHISTH, J.
Gursharan Singh – Appellant
Versus
State of Haryana – Respondent
CRA-S NO. 1290-SB of 2005
Decided On : 13-04-2023

Advocates Appeared:
Mr. Satnam Singh Gill, Advocate; For the Appellant
Mr. Vikas Bhardwaj, AAG, Haryana.

Headnote:(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 15(c) - Conviction for possession of 15 Kgs. of poppy husk without permit - The Trial Court sentenced the appellant to 2 years R.I. and a fine of Rs. 5,000/- - The appellant challenged the conviction citing non-compliance with Section 50 of the NDPS Act on the basis of search protocol - The Court determined that there is no requirement for strict compliance as no person was searched; the notice given was deemed sufficient (Paras 6 to 7, 16).

(B) The appellant's arguments included allegations of planted evidence and appeal on lack of independent witnesses - The appellate court held that credibility of police testimony stands unless independent witness statutes are violated in substantial ways (Paras 15, 17).

Facts of the case:
The police apprehended the appellant following suspicious behavior and discovered poppy husk in his possession during a search at a bus stand (Paras 2 to 3).

Findings of Court:
The appellate court maintained the conviction but reduced the sentence to 1 year, considering the time the appeal was pending and the appellant’s previous time served (Paras 20 to 21).

Issues: The main issues involved the validity of the search under Section 50 and the absence of independent witnesses during the apprehension (Paras 6, 15).

Ratio Decidendi: The court established that under the NDPS Act, compliance with provisions is contextual to the type of search and evidence from police can stand without independent corroboration unless inherently unreliable (Paras 19).

Result: Appeal dismissed, and sentence reduced from two years to one year.

JUDGMENT

Mr. Sanjay Vashisth, J.

Appellant - Gursharan Singh, then aged 29 years (as mentioned in the impugned judgment), has filed the present appeal, impugning the judgment of conviction dated 19.07.2005, and order of sentence dated 20.07.2005, passed by learned Additional Sessions Judge, Hisar, vide which appellant has been convicted for committing an offence punishable under Section 15 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act'), for keeping in his possession 15 Kgs. of poppy husk without any permit or licence and accordingly he has been sentenced by the Trial Court as under:-

Section	Sentence	Fine	In default
15(c) of the NDPS Act	2 years R.I.	Rs.5,000/-	1 month R.I.

2. Facts of the case, emerging from Sessions Case No. 07, dated 28.01.2004/12.05.2005, arising out of FIR No. 822, dated 28.10.2003, under Section 15 of the NDPS Act, registered at Police Station Sadar, Hisar, are that on 28.10.2003, ASI Rajender Parshad, ASI Mohinder Singh and other police officials were present at Bus Stand, Azad Nagar, Hisar, for patrolling and crime detection duty. A person with a white colour bag on his shoulder, was seen coming from the side of village Gangwa. On seeing the police party, he turned back and started walking briskly. Having suspicion, ASI Rajender Parsad, with the help of other police officials, apprehended said person, and on inquiry, he disclosed his name as Gursharan son of Satvinder Singh, Caste Rai Sikh, resident of Lohgarh, District Mansa (Punjab).

Being suspected that there may be some contraband substance in the bag of the accused, ASI Rajinder Parsad, being the Investigating Officer, served a notice under Section 50 of the NDPS Act upon the accused, to the effect that he intended to take search of the bag and if the accused so desires, search could be made in presence of a Magistrate or Gazetted Officer. The accused vide his reply reposed confidence in the Investigating Officer. Said notice and reply were signed by the accused and attested by witness ASI Mohinder Singh.

Thereafter, the Investigating Officer conducted the search of the bag of the accused and found poppy husk therein. Two samples of 250 grams each were separated from the bulk and remaining on weigh ment was found to be 14 Kgs. and 500 grams. Samples and the residue of poppy husk were converted into parcels and sealed with the seal 'RS' by the Investigating Officer. The seal after use was handed over to ASI Mohinder Singh. On receipt of ruqqa sent by the Investigating Officer to the police station, formal FIR was registered.

3. After recording the statements of witnesses and completing all the proceedings as required in the NDPS Act, final report under Section 173 Cr.P.C., was prepared and submitted to the Court. Accordingly, appellant was charge sheeted for committing an offence under Section 15 of the NDPS Act. During trial, prosecution examined following five witnesses:

Rajmal, Head Constable, Police Station Sadar, Hisar (PW-1)	He tendered his affidavit (Ex. PA), to the effect that after collecting samples and seal from HC Jagdish Parshad (PW- 2), same were deposited with the Forensic Science Laboratory, Madhuban, on 30.10.2003, and samples and seals were never tampered with.
Jagdish Parshad, Head Constable, No. 894, Police Station Sadar, Hisar (PW-2)	He tendered his affidavit (Ex. PB), to the effect that samples and residue of poppy husk alongwith sample seals were deposited with him by ASI Rajender Parshad on 28.10.2003, and said articles were never tampered with as long as it remained in his custody.
Mahender Singh, Assistant Sub Inspector, No. 429, Police Station Sadar, Hansi (PW-3)	He deposed in regard to the recovery of contraband from the appellant, attestation of recovery memos, notice and reply etc. In fact, he was member of the patrolling party.
Rajender Parshad, Assistant Sub Inspector, Incharge Police