Punjab-Haryana High Court
Gian Kaur vs State Of Punjab on 8 September, 2014
Author: K. C. Puri
Bench: K. C. Puri
CRA NO.S-133-SB OF 2004 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRA NO.S-133-SB OF 2004 (O&M)
DECIDED ON : 08.09.2014
Gian Kaur
...Appellant
versus
State of Punjab
...Respondent
CORAM : HON'BLE MR. JUSTICE K. C. PURI
Present : Ms. Vreeti Gujral, Advocate and
Mr. Harshit Sethi, Advocate,
for the appellant.
Mr. Yogesh Gupta, AAG, Punjab.
K. C. PURI, J.
This is an appeal directed by the accused/appellant against the judgment of conviction and order of sentence dated 09.01.2004 passed by Shri M. S. Chauhan, the then Special Judge, Amritsar, vide which the accused/appellant has been convicted and sentenced to undergo rigorous imprisonment for a period of three years and to pay fine of `50,000/- and in default of payment of fine, to further undergo rigorous imprisonment for six months under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter mentioned as "Act").
SHALINI BHATIA 2014.09.15 17:09 I attest to the accuracy and authenticity of this document High Court Chandigarh CRA NO.S-133-SB OF 2004 (O&M) -2-
The factual matrix of the case is that on 05.07.2001, Inspector Gurdip Singh along with other police officials was present in front of Sangam Cinema near Bus Stand, Amritsar in connection with patrolling. He received a secret information that Darshan Singh, an employee of Punjab Armed Police and Gian Kaur, are living as tenants of Padma Rani in a house in Gali No.2, Mohalla Krishan Nagar, Amritsar and they are engaged in selling smack and opium and if raid is conducted, they can be apprehended red handed. Upon this, DSP(D) Parampal Singh was requested to reach Bus Stand, Amritsar. A lady constable was also requisitioned. Lady Constable Veena Kumari and lady SPO Mamta Kumari also reached there. One Harbhajan Singh of village Butt was also joined as independent witness. Accordingly, raid was conducted by the police party at the above mentioned house. A woman carrying a bag in her hand and a man carrying a polythene bag in his hand came out of the house and tried to slip away. Inspector Gurdip Singh, along with others, apprehended the woman. She disclosed her name as Gian Kaur. The said man was apprehended by SI Hans Raj. He disclosed his name as Darshan Singh. DSP Parampal Singh dislcosed his identity before the accused and told them that they were suspected of having smack and opium in the bags they were carrying and their persons were to be searched. They were also asked if they want to be searched before him or a Magistrate. Both of them expressed faith in the DSP. Accordingly, two consent memos SHALINI BHATIA 2014.09.15 17:09 I attest to the accuracy and authenticity of this document High Court Chandigarh CRA NO.S-133-SB OF 2004 (O&M) -3- were prepared. Upon directions of DSP, Inspector Gurdip Singh searched accused Gian Kaur and from her bag which she was carrying in her right hand in the presence of lady constable, smack wrapped in the glazed paper, weighing scales, weights of 50 gms, 20 gms, 10 gms, 05 gms and 2 gms were recovered. Out of the smack recovered, 5 gms was separated as sample. Remaining smack was weighed and found to be 95 gms. The remainder and the parcel were sealed in separate parcels which were sealed with seal of 'PS' and were taken into possession. The seal after use was handed over to PW Harbhajan Singh. Ruqa was made and sent to police station, on the basis of which, formal FIR was registered. Accused Gian Kaur was arrested. An amount of `650/- was also recovered from her possession which was taken into possession vide separate memo. Statements of witnesses were recorded. Investigation was carried out and after completion of investigation, challan against the accused Gian Kaur was presented in Court.
On presentation of challan, copies of same were supplied to the accused free of costs as envisaged under Section 207 Cr.P.C.
Thereafter, charge under Section 21 of the Act was framed against the accused, to which she pleaded not guilty and claimed trial.
In order to prove its case, the prosecution examined Inspector Surinder Singh as PW-1, Constable Deva Singh as SHALINI BHATIA 2014.09.15 17:09 I attest to the accuracy and authenticity of this document High Court Chandigarh CRA NO.S-133-SB OF 2004 (O&M) -4- PW-2, DSP Parampal Singh as PW-3, Inspector Gurdip Singh as PW-4 and thereafter closed the evidence after tendering into evidence the report of Central Forensic Science Laboratory.
The accused was examined under Section 313 Cr.P.C, wherein all the incriminating evidence was put to her, to which she pleaded innocence and false implication. She further took a plea that she was picked up from her residence and was falsely implicated in the case.
In defence, she examined MHC Bhupinder Singh as DW-1 and Harbhajan Singh as DW-2 and closed the evidence.
The learned trial court, after appreciating the evidence on record, found the accused guilty for an offence punishable under Section 21 of the Act and sentenced her to undergo rigorous imprisonment and fine, as mentioned above.
Feeling dissatisfied with the above said judgment of conviction and order of sentence dated 09.01.2004, the accused/ appellant has preferred the present appeal.
Learned counsel for the appellant has not challenged the conviction but has submitted that the appellant is a lady and she remained in custody for a period of 10 months and 26 days including remission of 12 days, as per the conviction slip and she is already facing the agony of protracted trial since 05.07.2001 i.e for the last more than 13 years. It is further submitted that appellant is not a previous convict and no other criminal case is pending against her. So, prayer has been made for taking lenient SHALINI BHATIA 2014.09.15 17:09 I attest to the accuracy and authenticity of this document High Court Chandigarh CRA NO.S-133-SB OF 2004 (O&M) -5- view regarding the quantum of sentence.
Learned State counsel has supported the judgment passed by the trial court.
Although learned counsel for the appellant has not challenged the conviction recorded by the trial court, but since this is the first appeal, I have myself gone through the records of case. The recovery of contraband was witnessed by a Gazetted Officer, besides lady police officials. There is no reason to interfere with the judgment passed by the trial Court. Consequently, the conviction recorded by the trial court against the appellant, stands confirmed.
Now reverting to the quantum of sentence, it is submitted that the appellant is facing agony of protracted trial for the last 13 years. As per conviction slip, she has undergone incarceration for a period of 10 months and 26 days including remission of 12 days. The appellant is stated to be on bail since 18.05.2004 i.e more than 10 years.
Keeping in view whole of the circumstances, the sentence of appellant under Section 21 of the Act, stands reduced to the period already undergone by her. However, the sentence of fine stands affirmed. The amount of fine shall be deposited within two months, failing which, the appellant shall undergo the sentence as awarded in the default clause in respect of payment of fine.
SHALINI BHATIA 2014.09.15 17:09 I attest to the accuracy and authenticity of this document High Court Chandigarh CRA NO.S-133-SB OF 2004 (O&M) -6-
A copy of judgment be sent to the trial court for strict compliance.
SEPTEMBER 08, 2014 (K. C. PURI)
shalini JUDGE
SHALINI BHATIA
2014.09.15 17:09
I attest to the accuracy and
authenticity of this document
High Court Chandigarh