IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 24.02.2025 Date of decision: 07.03.2025 OM PARKASH ...Appellant Versus STATE OF PUNJAB ...Respondent CORAM: HON’BLE MR. JUSTICE SURESHWAR THAKUR HON’BLE MR. JUSTICE VIKAS SURI Present: Mr. Ankit Bishnoi, Advocate for the appellant.

Mr. Maninderjit Singh Bedi, Addl. A.G., Punjab.

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SURESHWAR THAKUR, J.

1. The instant appeal is directed against the impugned verdict, as made on 17.04.2013, upon Sessions Trial No.47 dated 17.04.2013, by the learned Special Judge, Ferozepur, wherethrough in respect of a charge drawn against the accused qua an offence punishable under Section 15(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “the Act”), the learned trial Judge concerned, proceeded to record a finding of conviction against the accused-appellant. Moreover, through a separate sentencing order of even date, the learned trial Judge concerned, imposed upon, the convict both sentence(s) of imprisonment as well as sentence(s) of fine, but in the hereinafter extracted manner:

“xxx After hearing the convict on quantum of sentence and keeping in view of the fact of recovery of 350 Kilograms poppy husk from the convict, this court finds that he does not deserves any leniency and under Section 15 (c) of The Narcotic Drugs and Psychotropic Substances Act, 1985, is sentenced to undergo rigorous imprisonment for a period of twelve years and to pay fine of rupees one lac and in default of payment of fine to further under go rigorous imprisonment for a period of one year xxx”

2. The period of detention undergone by the convict, during the investigations, and, trial of the case, was, in terms of Section 428 of the Cr.P.C., rather ordered to be set off, from the above imposed sentence(s) of imprisonment.

3. The accused-convict become aggrieved from the above drawn verdict of conviction, besides also, becomes aggrieved from the consequent therewith sentences of imprisonment, and, of fine as became imposed, upon him, by the learned convicting Court concerned, and, hence has chosen to institute thereagainst the instant criminal appeal.

Factual Background and Investigation proceedings

4. The genesis of the prosecution case, becomes embodied in the appeal FIR, to which Ex. P10 is assigned. The narrations carried in Ex.P10, are that on 10.07.2006 SI Major Singh along with ASI Chhinder Singh 1334, ASI Tilak Raj 711, HC Hardev Singh 800, HC Jallandhar Singh 119, HC Gurcharan Singh 863, HC Baljit Singh 1986, HC Milakh Raj 2287, HC Prem Chand 748 Constable Mukhtiar Singh 1323, C Bhupinder Singh 409, C Gurbachan Singh 1394, C Ashok Kumar 2712, on a government vehicle No.PB-05J-4676 its driver is HC Ashok Kumar 479 was holding a picket in the area of village Waryam Khera Chowk near bridge killer for checking of suspicious vehicle, were present. At about 6:00 A.M. one Jeep Balero closed body without number came from Rajasthan, by road. On seeing the picket of police, it was stopped some distance behind, in which three clean shaven men were sitting. After immediate stopping the Jeep driver and his companion sitting towards his left side opened the windows and ran away towards the fields. We chased them but could not apprehended them. The person, who was sitting in the middle, was apprehended and on the asking of IO, he told his name as Om Parkash son of Kheewa Ram, Caste Naik, resident of Hanuwant Pura, Police Station Rattan Nagar District Churu and he also told that driver of the vehicle as Rajinder son of Amar Singh and person who opened the left window his name is Vikram son of Indraj, caste Jaat, residents of Dhani Panne Singh Police Station Rattan Nagar, District Churu, Rajasthan.

5. Then the IO got introduced himself and asked that bags lying in your Jeep, having doubt of some intoxicant substance into them. So, the search of you and of the bags lying in the vehicle in your possession, is to be conducted. You have a legal right that you can get conduct sea