The evidentiary value of a co-accused's statement holds no merit without corroborating recovery and delayed identifications render convictions unreliable.

JUDGMENT :

Jasjit Singh Bedi, J. -

The present appeal has been filed against the judgment of conviction and order of sentence dated 17/21.05.2014 passed by the Additional Sessions Judge, Jind.

2. The instant FIR came to be registered on 04.05.2006. The accused-appellant came to be convicted vide judgment of conviction and order of sentence dated 17/21.05.2014. The present appeal against the judgment of conviction and order of sentence was filed on 07.01.2015. The matter has come up for final hearing now after more than 18 years of the registration of the FIR.

3. The brief facts of the prosecution case are that on 04.05.2006 Balbir Singh ASI along with HC Phul Kumar, HC Kuldeep Singh, EHC Hoshiar Singh and C. Dalbir Singh while on patrolling duty in a private jeep was present at the bridge of minor Dhamtan on the main road Kharal to Pipaltha. In the meantime, one Esteem car was seen coming from the direction of village Kharal. He gave a signal to the driver of the car to stop on which the driver stopped the Esteem Car at the distance of about 20/25 paces. On seeing the police party, the person, who was sitting on the rear seat of the car alighted from the car and fled away. They tried to catch him, but he could not be apprehended whereas the driver was apprehended. On checking in the rear seat of the car one jute bag and one plastic bag were found. On asking, the driver of the car disclosed his name as Hari Om son of Hari Kishan, r/o Ramesh Park, Street No.R/225, New Delhi now Dhani Peerawali , P.S. Sadar Hansi and he disclosed the name of the person, who had fled away from the spot, as Suresh @ Ramesh son of Nainu Ram r/o Mandi Adampur. The registration number of the car was DL-2CF-3917. On checking the jute bag and the plastic bag, poppy husk was found. Two samples of 100 grams each were separated from both the bags and thereafter, the remaining poppy husk on being weighed was found to be 37 kgs and 800 grams in jute bag and 13 kgs. 800 grams in the plastic bag. Poppy straw was again put into the bags and converted into parcels. Separate bundles of sample poppy husk and residue poppy husk were prepared and they were sealed with seal BS. The Esteem car was also taken into police possession vide separate recovery memo. The seal after use was handed over to Kuldeep Singh HC.

4. Rukka was sent to police station, whereupon the present case was registered. During investigation, rough site plan was prepared and statements of witnesses were recorded. Samples were sent to FSL, Madhuban. Accused Hari Om was arrested in this case.

5. After completion of the investigation, the challan was presented in the court against accused Hari Om whereas accused Suresh @ Ramesh was declared as proclaimed offender on 16.11.2006. It is pertinent to mention here that accused Hari Om was convicted by the Special Judge, Jind vide judgment dated 15.05.2007 and sentenced vide order dated 16.05.2007. He filed a criminal appeal bearing No.CRA-S-2320-SB-2007 and the same was dismissed by this Court vide a judgment dated 20.02.2025.

6. Meanwhile, on 12.05.2012, production warrants against accused Ramesh @ Suresh were got issued by the police and on 16.05.2012 accused Ramesh @ Suresh was joined into investigation after taking the permission of the court and was thereafter, arrested in this case. The supplementary challan against the accused was presented in the court of the Illaqa Magistrate, who after supplying the copies of challan committed the case to the Court of Sessions vide order dated 25.07.2012. On 04.08.2012, charge for the commission of an offence under Section 15 of