Punjab-Haryana High Court
) Crl. A. No. S- 2774 Sb Of 2011 (O&M) vs State Of Punjab on 1 November, 2012
Author: K.C. Puri
Bench: K.C. Puri
Crl. A. No. S- 2774 SB of 2011 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
1) Crl. A. No. S- 2774 SB of 2011 (O&M)
Date of decision : 1.11.2012
...
Darshan Singh
................Appellant
vs.
State of Punjab
.................Respondent
2) Crl. A. No. S- 9 SB of 2012 (O&M)
...
Jaswinder Singh @ Lali
................Appellant
vs.
State of Punjab
.................Respondent
3) Crl. A. No. S- 2801 SB of 2011 (O&M)
...
Inderjit Sharma
................Appellant
vs.
State of Punjab
.................Respondent
Coram: Hon'ble Mr. Justice K.C. Puri
Present: Sh. G.S. Nehal, Advocate
for the appellant (in Crl.A. No.S 2774 SB of 2011)
Sh. Jasjit Singh, Advocate
for the appellant (in Crl.A. No.S 9 SB of 2012)
Sh. P.S. Dhaliwal, Advocate
for the appellant (in Crl.A. No.S 2801 SB of 2011)
Sh.Sandeep Chhabra, Deputy Advocate General,
Punjab.
...
Crl. A. No. S- 2774 SB of 2011 -2-
K.C. Puri, J.
Vide this judgment, I intend to dispose of three appeals bearing Crl.A. No. S- 2774 SB of 2011, Crl.A. No. S 9 SB of 2012 and Crl.A. No. S- 2801-SB of 2011, as all these appeals have arisen out of the same judgment.
Briefly stated, SHO Police Station, Bhikhi Mansa sent Jaswinder Singh @ Lali, Darshan Singh and Inderjit Sharma to stand trial for offence under Section 15 of the NDPS Act, in respect of FIR No. 105 dated 4.8.2008 registered at Police Station Bhikhi, for having been found in possession of 30 kgs 200 grams of poppy husk without any licence or permit.
The case of the prosecution, as enumerated from the record is that on 4.8.2008 ASI Nachattar Singh alongwith police party was present in connection with patrolling and checking of suspects in an official vehicle bearing registration No. PB-31C-9347. The police party was proceeding from CIA Mansa towards area of police station Sadar Mansa and Bhikhi and when the police party reached at Bus Stand Mansa, Bhagwan Singh @ Bhana met them and he was joined in the police party. The said police party was present at the drain bridge in the area of Dhaipi. A car was spotted. ASI Nachattar Sing gave a signal to the driver of the car to stop it and the car stopped in the middle of seepage drain and all the accused tried to run away after opening its windows. On suspicion, all the three accused were apprehended at the spot by ASI Nachattar Singh with the help of Crl. A. No. S- 2774 SB of 2011 -3- other police officials. Accused Jaswinder Singh was driving the car and accused Darshan Singh was sitting with Jaswinder Singh driver and accused Inderjit Sharma was sitting on the rear seat of car. ASI Nachattar Singh checked the car and a gunny bag containing poppy husk was recovered from the front seat of the car and some poppy husk was also scattered in it. From the recovered poppy husk, two samples of 100 grams each were separated and converted into separate parcels. On weighment, the bag containing the remaining poppy husk came to 30 kgs and the same was converted into separate parcel. All the three parcels were sealed by ASI Nachattar Singh with his seal. The entire case property including car bearing registration No. PB 42A 2511 was taken into possession vide recovery memo attested by Bhagwan Singh @ Bhana. Ruqa was sent to the police station on the basis of which formal FIR was recorded. Personal search of accused was conducted by preparing separate memos. Accused were arrested. The investigating officer prepared rough site plan of the place on recovery. Samples were sent to the office of Chemical Examiner. After receipt of report of Chemical Examiner, Kharar and completion of formal investigation, challan was presented against the accused.
Charge under Section 15 of the NDPS Act was framed, to which they pleaded not guilty and claimed trial.
In order to bring home the guilt of the accused, the prosecution examined PW-1 Constable Gurjit Singh, PW-2 ASI Nachattar Singh, PW-3 HC Harbhajan Singh, PW-4 SI Mohinder Crl. A. No. S- 2774 SB of 2011 -4- Singh and closed the prosecution evidence.
It was not a case of no evidence and as such provisions of 232 Cr.P.C. were not invoked. The accused were examined under Section 313 Cr.P.C. and all the incriminating evidence was put to them, to which they denied. The accused were called upon to lead evidence. However, they did not lead any evidence.
Learned Special Judge, after appraisal of the evidence, found all the accused guilty under Section 15 of the NDPS Act and sentenced them to undergo rigorous imprisonment for a period of two years each and to pay a fine of `15,000/- each and in default of payment of fine to further undergo rigorous imprisonment for two months.
Feeling dissatisfied with the judgment and order dated 19.10.2011, passed by the Judge, Special Court, Mansa, all the accused have filed these three appeals bearing Crl.A. No. S- 2774 SB of 2011, Crl.A. No. S 9 SB of 2012 and Crl.A. No. S- 2801-SB of 2011. So, all the three appeals are being disposed of vide this common order.
Counsel for the appellants have not challenged the conviction recorded by the trial Court, but have submitted that Darshan Singh accused has already under gone incarnation for a period of 9 months and 29 days as on 23.8.2012 and is still in custody. Jaswinder Singh @ Lali has undergone incarnation for a period of 9 months and 17 days as on 30.7.2012. It is further contended that accused Inderjit Sharma has also undergone Crl. A. No. S- 2774 SB of 2011 -5- incarnation for a period of 8 months before granting bail on 6.7.2012 by this Court. It is further contended that they are facing trial for the last about 2 years. All the appellants have not been convicted in similar offence or any other offence. All the appellants had to support their families. So, prayer has been made for reduction of sentence.
Learned State counsel has opposed the prayer.
Although counsel for the appellants have not challenged the conviction recorded by the trial Court, but since this is first appeal, I have myself satisfied regarding the conviction of the accused. The recovery witnesses have supported the case of the prosecution on all material particulars. No reasoning has been given by the appellants for falsely implicating them. All the legal formalities seems to have been complied with.
So, in these circumstances, the conviction of all the appellants under Section 15 of the NDPS Act, stands affirmed.
Now, reverting to the quantum of sentence, from the perusal of the conviction slip, it is revealed that Jaswinder Singh @ Lali and Darshan Singh have already undergone more than 1 year of actual sentence against the substantive sentence of 2 years awarded by the trial Court. As per order dated 6.7.2012, passed by this Court, while granting bail to Inderjit Sharma, it has been observed that the said appellant has undergone incarnation for a period of 8 months and he was stated to be sitting on rear seat, whereas the recovery is stated to be made from the front seat where Darshan Singh and Jaswinder Singh @ Lali were present. As per the conviction slip, no case is Crl. A. No. S- 2774 SB of 2011 -6- pending against Darshan Singh, nor he has been convicted in any other case. However, one case of NDPS Act is stated to be pending against Jaswinder Singh @ Lali - appellant, but has not been convicted in that case. As per conviction slip of Inderjit Sharma, he has also not been accused in any similar case or any other criminal case, nor he has been convicted in any offence. All the accused are facing trial for the last about 2 years. As per the prosecution case, 30 kgs and 200 grams of poppy husk was recovered from all the three appellants in a car.
So, considering all the circumstances, in my view the ends of justice would be met in case the sentence of all the appellants is reduced to the period already undergone. I order accordingly. However, their sentence of fine stands affirmed. The appellants Jaswinder Singh @ Lali and Darshan Singh are stated to be in custody in the present case. They be released forthwith on deposit of fine amount, if they are not required in any other case. Appellant Inderjit Sharma is stated to be on bail. He is directed to deposit the amount of fine imposed by the trial Court, if already not deposited, within two months from today, failing which he be taken into custody to undergo the sentence in respect of default of payment of fine.
All the three appeals stand disposed of accordingly. A copy of the judgment be sent to the trial Court for strict compliance.
( K.C. Puri ) 1.11.2012 Judge chugh