Crl. Appeal No.882-SB of 1998

1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

Crl. Appeal No.882-SB of 1998

Date of Decision : March 27, 2008

Kundan Singh S/o Attar Singh,

....Appellant

R/o Village Singhara, P.S.Nissing,

District Karnal.

Versus

The State of Haryana

....Respondent

CORAM:

HON'BLE MR. JUSTICE SHAM SUNDER

Present:

Mr. Sanjeev Gupta, Advocate, for the appellant.

Mr. A.K.Jindal, AAG, Haryana, for the respondent.

SHAM SUNDER, J.

This appeal is directed against the judgment of conviction dated

2.9.1998, and the order of sentence dated 3.9.1998, rendered by the Court of

Addl. Sessions Judge, Karnal, vide which it convicted the accused/appellant

Kundan Singh, for the offence punishable under Section 15 of the Narcotic

Drugs & Psychotropic Substances Act, 1985 (hereinafter called as 'the Act'

only) and sentenced him to undergo rigorous imprisonment for a period of ten

years, and to pay a fine of Rs.1 lac, and in default of payment of the same, to

undergo rigorous imprisonment for another period of 2 ½ years.

2.

The facts, in brief are that on 21.2.1996, Sham Lal, ASI,

alongwith Gurdial Singh, HC, and Karam Vir, Constable, was on patrol duty,

and when they reached near Singhra crossing Kuchpura, a person was seen

coming from the side of Karnal, having a white bag, in his hand. On seeing the

police party, he turned back. On suspicion, he was apprehended. On

interrogation, he disclosed his name Kundan Singh S/o Attar Singh. The search

of the bag, being carried by him, was conducted, in accordance with the

Crl. Appeal No.882-SB of 1998

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provisions of law, which resulted into the recovery of 2 Kgs. Poppy-husk (chura

post), now falling within the ambit of non-commercial quantity. A sample of

200 grams, was separated therefrom. The sample, and the remaining poppy-

husk, were converted into parcels, duly sealed with the seal, bearing impression

'SL', and thereafter, the same was taken into possession. The accused was

arrested. Ruqa was sent to the Police Station, on the basis whereof, the formal

FIR was registered. Rough site plan of the place of recovery, was prepared.

The statements of the witnesses, were recorded. After the completion of

investigation, the accused was challaned.

3.

On appearance, in the Court, the copies of documents, relied upon

by the prosecution, were supplied to the accused. Charge under Section 15 of

the Act, was framed against him, to which he pleaded not guilty and claimed

trial.

4.

The prosecution, in support of its case, examined

Ishwar Singh, ASI (PW-1), Gurdial Chand, HC (PW-2), Sham Lal, ASI (PW-3),

and Bhum Singh, Inspector (PW-4). The Public Prosecutor, also tendered into

evidence Ex.PA, affidavit of Shingara Ram, Constable, and Ex.PB, repot of the

Assistant Chemical Examiner. Thereafter, he closed the same.

5.

The statement of the accused under Section 313 Cr.P.C., was

recorded, and he was put all the incriminating circumstances, appearing against

him, in the prosecution evidence. He pleaded false implication. He, however,

did not lead any evidence, in his defence.

6.

After hearing the Public Prosecutor for the State, the Counsel for

the accused, and, on going through the evidence, on record, the trial Court,

convicted and sentenced the accused, as stated hereinbefore.

7.

Feeling aggrieved, against the judgment of conviction, and the

order of sentence, rendered by the trial Court, the instant appeal, was filed by

the accused/appellant.

Crl. Appeal No.882-SB of 1998

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8.

I have heard the learned Counsel for the parties, and have gone

through the evidence and record of the case, carefully.

9.

The Counsel for the appellant, at the very out-set, contended that

though the alleged recovery was effected, from the accused, from a public

place, yet no independent witness, despite availability, was joined by the

Investigating Officer. He further contended that, even no effort was made by

him, to join an independent wi