Punjab-Haryana High Court
Lakhwinder Singh vs State Of Punjab on 18 May, 2010
Author: A.N. Jindal
Bench: A.N. Jindal
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Criminal Appeal No. 392-SB of 2000
Date of decision: May 18, 2010
Lakhwinder Singh
.. Appellant
Vs.
State of Punjab
.. Respondent
Coram: Hon'ble Mr. Justice A.N. Jindal
Present: Mr. Baljinder Singh, Advocate for the appellant.
Mr. C.S. Brar, DAG, Punjab for the respondent.
A.N. Jindal, J
This appeal is directed against the judgment dated 11.4.2000
passed by the learned Additional Sessions Judge, Patiala, convicting and
sentencing the accused-appellant Lakhwinder Singh (herein referred as 'the
accused') to undergo rigorous imprisonment for ten years and to pay fine of
Rs.1 lac, under Section 15 of the Narcotic Drugs & Psychotropic Substances
Act, 1985 (herein referred as 'the Act').
In nutshell, the allegations are that on 23.1.1996 SI Bahadur
Singh along with ASI Jagjit Singh and other police officials was holding a
picket on the canal bridge of village Kulbano. Two parties were formed.
The police party headed by SI Bahadur Singh consisting of C. Major Singh
and PHG Kala Singh held the picket on the western side of the canal,
whereas the second party headed by ASI Jagjit Singh held the picket on the
other side of the canal. At about 6.15 a.m. Harnek Singh, an independent
witness came there and was joined in the police party. When SI Bahadur
Singh was talking with Harnek Singh, the accused was seen coming on a
mare and tried to cross the bridge of the canal. SI Bahadur Singh asked
him to stop by giving signal with torch light, the accused tried to retreat,
but, on suspicion he was apprehended. After giving option of search
whether he wanted to get himself searched through a Gazetted Officer or a
Magistrate, to which he reposed confidence in SI Bahadur Singh. Consent
memo Ex.PB of the accused was recorded. On search of the bags, the
accused was found in possession of poppy husk for which he had no permit
Criminal Appeal No. 392-SB of 2000 -2-
***
or licence. Sample of 250 grams from each bag was drawn and converted into parcels. The remaining poppy husk on weighment came to be 13 kgs. Thereafter, the samples as well as the bulk poppy husk were sealed with the seal bearing impression "BS". The entire case property was taken into possession vide memo Ex.PC. The mare and lagam were also taken into possession vide memo Ex.PB. From the personal search of the accused, Rs.385/-, along with wrist watch make "Allwyn" were also recovered and taken into possession vide memo Ex.PE. Ruqa Ex.PF was sent to the police station, on the basis of which FIR Ex.PF/1 was recorded. Rough site plan of the place of recovery was prepared; statements of the witnesses were recorded; the accused was arrested. After receipt of the report of the Chemical Examiner Ex.PH and on completion of the investigation, challan against the accused was presented in the court.
Finding a prima facie case against the accused, he was charged under Section 15 of the Act, to which he pleaded not guilty and claimed trial.
In order to substantiate the charges, the prosecution examined Surinder Gautam (PW1), ASI Jagjit Singh (PW2), HC Vasdev (PW3), C. Bhagwant Singh (PW4), Inspector Ashish Kapoor (PW5) and Bahadur Singh (PW6).
When examined under Section 313 Cr.P.C. the accused denied all the incriminating circumstances appearing against him and pleaded his false implication in the case. However, no evidence was led in defence.
Learned counsel for the appellant has not made any contention on behalf of the accused on the question of conviction, however, he is pressing for lenient view only on the ground that the recovery effected from the accused was non commercial in nature.
Having noticed the evidence on record, it transpires that the conviction of the accused is based on the testimonies of ASI Jagjit Singh (PW2) and SI Bahadur Singh (PW6). No such infirmity has been shown which may be treated as sufficient to condemn their testimonies. As such, Criminal Appeal No. 392-SB of 2000 -3- *** judgment of conviction stands affirmed.
Now coming to the quantum of sentence, it may be observed that the accused was found in possession of 26 kgs of poppy husk. Any way, order dated 14.12.2000 passed by this court reveals that the accused was medically examined and was found suffering from post traumatic deformity paralysis of left upper and lower limb due to fall in 1998. In-spite of the treatment, the deformity he had sustained. The medical certificate issued by the Senior Medical Officer, Central Jail, Patiala, which is detached from the application for suspension of sentence and attached with this file, also affirms the aforesaid fact. The accused was 36 years old at the time of occurrence and now he must be 52 years old. He has already undergone about 9 months and 5 days out of the substantive sentence.
Keeping in view the serious deformity and the disease which the accused has attracted, I could observe that he has already been punished by Him and no further punishment by way of sending him to prison would be justified.
Resultantly, the appeal is dismissed with the modification in the sentence which is reduced to the period already undergone. However, the sentence of fine is reduced to Rs.1000/-. In default of payment of fine, he shall further undergo rigorous imprisonment for one month.
Copy of the judgment be sent to the learned Chief Judicial Magistrate, Patiala, for compliance.
May 18, 2010 (A.N. Jindal) deepak Judge