Punjab-Haryana High Court
Narinder Pal Singh vs State Of Haryana on 26 July, 2010
Author: Jitendra Chauhan
Bench: Jitendra Chauhan
Crl. Appeal No.1245-SB of 1999 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Appeal No.1245-SB of 1999
Date of decision: 26.07.2010
Narinder Pal Singh
...Appellant
Versus
State of Haryana
...Respondent
CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN
Present: Mr.P.S.Hundal, Sr. Advocate with
Mr.Dinesh Trehan, Advocate,
for the appellant.
Mr.Kshitij Sharma, AAG, Haryana.
JITENDRA CHAUHAN, J.
1. The present appeal is directed against the judgment and order, dated 9.12.1999, passed by the learned Additional Sessions Judge, Jagadhari, whereby the accused-appellant has been convicted for the offence punishable under Sections 4/5 of the Explosive Substances Act, 1908 (hereinafter referred to as "the Act"), under Section 9 of the Explosive Act, 1884 and under Section 25 of the Arms Act and accordingly sentenced to undergo rigorous imprisonment for seven years for the offence punishable under Section 4 of the Act and to undergo further rigorous imprisonment for a period of five years for the offence punishable under Section 5 of the Act. The accused-appellant was also sentenced to undergo rigorous imprisonment for a period of two years for the offence punishable under Section 9B of the Explosive Act and rigorous imprisonment for a Crl. Appeal No.1245-SB of 1999 2 period of two years for the offence under Section 25 of the Arms Act. All the sentences were ordered to run concurrently.
2. The facts, as noticed by the trial Court in para 2 of its judgment, are re-produced as under:
"That on 1.3.98 Dhanna Ram, S.I./S.H.O. along with Ramesh Chand ASI Tarsem Singh, HC No.38, Constable Joginder Singh No.291, Pardeep Kumar Constable No.854 and Raj Singh Constable No.193 were present on Nakabandi duty at Jaidhar Bridge near Tajewala Head. The police party found one white Maruti van coming from Tajewala side driven by a Sikh gentleman. Dhanna Ram SI with the help of other police officials has stopped the vehicle and on interrogation that Sikh gentleman disclosed his name Narinder Pal Singh s/o Sangat Singh, caste Rajput Sikh, resident of 328-B, Rail Coach Factory, Kapurthala, Police Station Sadar, Kapurthala, District Kapurthala (Pb.). On personal search of the accused, the police has recovered one hand grenade from the right pocket of the jacket of the accused on which AREGS/Hd.G8/6991 was written. Similar hand grenade was found bearing No.120- 75/Y-3 PFM/583 from the left pocket of the jacket of the accused. The van was also searched by the police and the police has found one white colour bag which contained explosive matter for preparation of bomb. Eight slabs of RDX and one broken slab of RDX, total nine slabs of RDX were recovered along with five electronic detonators, ten fuse wires, two battery cells of nine volts, two pieces of safety wire fuse, Crl. Appeal No.1245-SB of 1999 3 one time device bearing mark O.K. and two thermocoal packets containing four pencil cells and two packets bearing No.6701- R & 7199-G. The accused could not produce any permit or licence for retaining the said explosive material, which were taken into possession while preparing separate parcels by sealing with the seal D.R. The seal after use was handed over to Ramesh Chand ASI. The accused was carrying these explosive material in order to endanger the life and property of the persons in India. On interrogation, accused Narinder Pal Singh disclosed that he belongs to a group of National Sikh Youth Federation Extremists Organization. He also disclosed that some material for preparation of bomb is kept by him near Gobindgarh (Pb.). The disclosure statement of the accused was recorded. Dhanna Ram SI has sent ruqa to the police station on the basis of which the instant case vide FIR No.77 dated 1.3.98 was registered. The accused was arrested. Further investigation was set into motion. The material was got checked by the police through Dr.RK Kaushal, Senior Scientific Officer, Ballistic FSL-cum-Officer, Asstt. Chemical Examiner to Govt. of Haryana, Madhuban, which were also tested in the FSL chemically and on receipt of the report of the experts and after completion of the investigation and interrogation, the instant challan was presented in the court of learned Chief Judicial Magistrate, Jagadhari, who supplied the copies of the challan of this case free of costs to the accused as envisaged u/sec.207 Cr.P.C. and thereafter committed the case Crl. Appeal No.1245-SB of 1999 4 to the court of session, as the offence punishable u/sec.4 of the Explosive Substances Act, 1988 is exclusively triable by the court of Sessions in pursuance of the sentence prescribed under the Act."
3. In order to support its case, the prosecution has examined Harkesh Chand, SI, as PW1, Kanwar Singh, ASI as PW2, Jaswant Singh, Constable as PW3, Dr.RK Kaushal, Senior Scientific Officer as PW4, Ramesh Kumar, Reader to the District Magistrate, Jagadhari as PW5, Harbhagwan, Asstt. Director, Technical Wing, CID Haryana, Madhuban as PW6, Om Parkash, Constable as PW7, Ramesh Chand, Head Constable as PW8 and Dhanna Ram, SI, as PW9.
4. Statement of the accused was recorded under Section 313 of the Code of Criminal Procedure, to which he pleaded that he is innocent and the police of Police Station Chhachhrauli detained him in suspicious circumstances and falsely registered the case against him.
5. SI Harkesh Chand, PW1, has prepared the report under Section 173 of the Code of Criminal Procedure being posted as SHO, Police Station Chhachhrauli on 10.4.1998 after completion of the investigation.
6. ASI Kanwar Singh, PW2, Jaswant Singh, PW3, Raj Kumar,PW5, and Om Parkash, Head Constable, PW7 are formal witnesses.
7. Dr. R.K. Kaushal, PW4, has deposed that on 1.3.1998, he along with his scientific team had arrived at Police Station Chhachhrauli, where Dhanna Ram, Investigating Officer told him that some suspected explosive material have been recovered from a sick youth named Narinder Pal Singh son of S.Sangat Singh driver of white Maruti Van No.DDD-3414 so Investigating Officer wanted to ascertain about the type of bombs/materails Crl. Appeal No.1245-SB of 1999 5 recovered. He further stated that seven sealed parcels were opened and their contents were examined one by one.
8. Learned counsel for the appellant has argued that the accused/appellant was allegedly arrested from the van. However, neither the registration number of the van has come on record in the FIR nor its ownership was proved. He has urged that there are material contradictions in the statements of prosecution witnesses with regard to the preparation of recovery memos. As per the statements of HC Ramesh Chand, PW-8 and S.I. Dhanna Ram, PW-9, the recovery memos were prepared at the spot, whereas according to the statement of Dr.R.K.Kaushal, PW-4, the same were prepared in the police station. It has further been argued that no investigation was conducted at the spot and the report was prepared on the next day.
9. Learned counsel has also argued that sanction orders, Exhibits PG and PH, passed by the District Magistrate, Yamuna Nagar, do not show the registration number of the vehicle from which the alleged recovery was effected. It contains only the details of articles recovered from the van in question and, therefore, the same cannot be read into evidence in view of the fact that registration number of the van in the sanction orders was not mentioned. There is no report with regard to his satisfaction concerning the recovery of the articles and in the absence of such satisfaction, the sanction accorded is no sanction in the eyes of law.
10. Learned counsel has further argued that the learned Trial Court has not recorded any finding on the issue that as to how the Crl. Appeal No.1245-SB of 1999 6 alleged vehicle came into the possession of the appellant.
11. Lastly, it has been argued that there is nothing on record to establish that the explosives allegedly recovered were for the purpose of doing any harm to human life. The appellant at the time of incident was aged 30 years. The learned counsel submits that perhaps during that period when the FIR came to be registered the terrorism was at its peak in the State of Punjab and the youths were being misguided and persuaded by the speeches and literature distributed by various extremists groups so perhaps the appellant was also misguided and persuaded. The learned counsel has stated that appellant is married and having children. He is running a tea shop to maintain his family. Thus, the appellant has joined the main stream and also did not misuse the benefit of bail after having released on bail vide order dated 9.2.2000.
12. On behalf of the State, it has been argued that the alleged recoveries in the present case are proved on record. There are no inconsistencies in the statements of the prosecution witnesses. All the prosecution witnesses have supported the case on all counts.
13. I have heard the learned counsel for the parties and perused the record with their able assistance.
14. Admittedly, there is no dispute with regard to the fact that recovery of explosives, Exhibit PC, was affected from the person of the accused/appellant and the alleged vehicle was being driven by him. The recovered explosives, converted into parcels, were produced as case case property before the Court. The accused/appellant was not Crl. Appeal No.1245-SB of 1999 7 previously known to the police. Therefore, no motive can be attributed to the police for false implication.
15. As per the statements of H.C. Ramesh Chand, PW-8 and S.I. Chana Ram, PW9, it is made out that the accused/appellant was carrying the alleged explosives. From the perusal of reports, Exhibits- PD, PE and PF, it is established that the recovered explosives could cause loss of human life and property, if used though there is nothing on record that the accused/appellant used the same.
16. The perusal of the sanction orders, Exhibits PG and PH, passed by the District Magistrate, Yamuna Nagar, shows that the same have been passed after proper application of mind and as such, I do not find any illegality in these orders.
17. Regarding the contradictions in the statements of HC Ramesh Chand, PW-8, S.I. Dhana Ram, PW-9 and Dr.R.K.Kaushal, PW-4 with regard to the preparation of recovery memo, Exhibit PC, it is made out from the record that the same was prepared at the spot. The other recovery memos, Exhibits PL and PM were also prepared by Ramesh Chand, PW-8. Therefore, I do not find any merit in the contentions of the learned counsel for the appellant to the effect that the recovery memos were prepared in the police station. Rather it is proved that the investigation was conducted on the spot and thereafter Exhibit PC was prepared. The explosive material recovered from the spot was examined by Dr.R.K.Kaushal, PW-4 and Mr.Lavlin K. Katyal and on its examination, they made their reports, Exhibit PD and Crl. Appeal No.1245-SB of 1999 8 Exhibit PE with the following results:
Exhibit PD
1. Exhibits of parcel No.I, II, V, VI and VII could be used in preparation of time delayed improvised explosive devices which on suitable initiation could cause damage to life and property in and around the point of explosion;
2. The exhibits contained in parcel No.III were found to be broken parts of RGD-5 Russian Military Hand Grenade;
3. The exhibits contained in parcel No. IV were found to be broken parts of military Hand Grenade.
4. XX XX XX XX XX XX XX Exhibit PE
1. Exhibits-1a and 4 were found to contain P.E.T.N;
2. Sulphur, charcoal, radicals of potassium and nitrates were detected in exhibit-1b;
3. P.E.T.N and lead azide were detected in exhibits-2a and 2b;
4. Exhibit-3 was found to contain T.N.T;
5. Exhibit-7 was found to contain RDX and charcoal.
18. In view of above discussions, I do not find any merit in the present appeal and the same is hereby dismissed. Needless to mention here that there was a wave of terrorism all over the State of Punjab Crl. Appeal No.1245-SB of 1999 9 when the present case was registered and undoubtedly the youths were being misguided to spread the terrorism. It appears that the appellant was also persuaded and misguided by the group of National Sikh Youth Federation Organisation. It is further relevant to observe that there is no other case pending against the appellant as on date. Since the appellant has rejoined the main stream of society and running a tea vend to maintain his family, in these circumstances it would be in the interest of justice, if the appellant is assisted in his effort to start the life afresh, after his reformation. Accordingly, the appellant deserves the benefit of being released on probation.
19. For the reasons mentioned above, the present appeal is partly accepted. The impugned judgment of conviction is maintained. However, the order of sentence is set aside, and the appellant is ordered to be released on probation of good conduct, on furnishing a personal bond, in the sum of Rs.10,000/- with one surety, in the like amount, to the satisfaction of the Chief Judicial Magistrate, Jagadhri, for a period of three years, to appear and receive sentence, as and when called upon to do so, during this period, and in the meantime, to keep the peace, and be of good behaviour, and also furnish an undertaking not to commit, such an offence, during the said period. The appellant shall furnish the probation bonds and pay the costs of the proceedings within a period of two months, from the date of receipt of certified copy of the judgment, by the concerned Court.
20. In case of failure of the appellant to furnish the probation Crl. Appeal No.1245-SB of 1999 10 bonds and deposit the costs of proceedings, with the period stipulated, shall entitle the Court of the Chief Judicial Magistrate, Jagadhri, to comply with the judgment, in accordance with law, with due promptitude.
21. With the above modification, the present appeal is disposed of.
26.07.2010 (JITENDRA CHAUHAN) mk JUDGE Note: Whether to be referred to the Reporter= Yes/No