IMPORTANT POINT
Drug offences – Evidence of official witnesses cannot be distrusted and disbelieved merely on account of their official status.

JUDGMENT

R. Subhash Reddy,J.

1. This Criminal Appeal is filed by the sole accused, aggrieved by the judgment dated 22.04.2008 passed in Criminal Appeal No.706-SB of 1999 passed by the High Court of Punjab and Haryana at Chandigarh.

2. The appellant herein was convicted for the offence punishable under Section 18 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act, 1985’), vide the judgment dated 20.05.1999, passed by the Special Judge, Ferozepur, for offence under Section 18 of NDPS, 1985 and was sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1,00,000/-(Rupees One Lakh) in default of payment of the same, to undergo rigorous imprisonment for another period of one year.

3. The case of the prosecution, in brief, is that on 12.09.1996, Devi Lal, HC (PW-1), Darbara Singh, S.I.(PW-2), along with other police officials were going from Dalbir Khera towards Waryam Khera, in a private jeep, on patrol duty, and when they reached near the bridge of Canal minor, the appellant-accused was seen coming from the opposite direction, carrying a bag in his right hand. On seeing the police party, the appellant-accused turned towards the Southern bank of the canal, but was apprehended on suspicion. The search of the bag, carried by the accused, in the presence of ASP, Abohar, who was called to the spot, in accordance with the provisions of the law, resulted into recovery of 1 kg 750 grams of opium. Upon seizure, 2 samples of 10 grams each, were separated and the remaining opium was put into the same bag. The samples were duly sealed and taken into possession. Thereafter, Ruqa was sent to the police station, on the basis whereof an FIR was registered. The accused was arrested and after completion of the investigation, he was challaned. On appearance in the court, the documents relied upon by the prosecution were supplied to the accused. A charge under Section 18 of the Act was framed against him, to which he pleaded not guilty and claimed trial.

4. To prove the charge against the appellant on behalf of the prosecution, four witnesses were examined i.e Devi Lal, HC, (PW-1), Darbara Singh, SI, (PW-2), SI (PW-3), and Sham Lal, Constable (PW-4). After closure of evidence, the statement of the accused under Section 313 of Cr.P.C. was recorded and he was explained of all incriminating circumstances appeared against him, in the prosecution evidence. He pleaded false implication, however, he did not lead any evidence in his defence. After appreciating the oral and documentary evidence on record, the learned Special Judge, Ferozepur, vide his judgment dated 20.05.1999, in Sessions Trial No.17/1999, by recording a finding that prosecution has proved the guilt of the accused for offence under Section 18 of the Act, in keeping in his possession 1 kg 750 grams of opium in the area of village Dalmir Khera, convicted the appellant, he was sentenced to rigorous imprisonment for 10 years and to pay a fine of Rs.1,00,000/- (Rupees One Lakh) in default, to undergo rigorous imprisonment for one year.

5. Aggrieved by the aforesaid judgment of the Trial Court, the appellant herein has filed a criminal appeal No. 706-SB before High Court of Punjab and Haryana at Chandigarh. The High Court by impugned judgment dated 22.04.2008, dismissed the appeal filed by the appellant herein and confirmed the judgment and order of sentence dated 20.05.1999, passed by the Special Judge, Ferozepur.

6. We have heard Sri Mahabir Singh, learned senior counsel appearing for the appellant assisted by Mr. D.Mahesh Babu, advocate-on-record and Ms. Ranjeeta Rohatgi, learned counsel appearing for the respondent-State.

7. In this appeal, it is mainly contended by learned senior counsel for the appellant that Sri Joginder Singh, ASI to whom Yogi Raj, SHO (PW-3) handed over the case property on 13.09.1996 was not examined thus link evidence was incomplete, in spite of the same Trial Court and High Court has committed error in convicting t