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Satnam Singh Alias Santa Versus State of Haryana

2015 (9) TMI 671 - PUNJAB & HARYANA HIGH COURT

Conviction under Section 15 of the NDPS Act, 1985 - Held that:- mere nonjoining of the independent witness itself is not a ground to discard the prosecution case. The testimonies of the official witnesses also carries the same evidentiary value as that of any other witness - defence plea of the appellant that he has been falsely implicated at the instance of Leela Singh due to party faction has no substance, so there was no motive for the false implication of the accused-appellant by SI Budh Sin .....

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lapse on the part of the Investigating Officer will also not vitiate the conviction or trial as the provisions of Section 52-A of the Act are directory and not mandatory in nature.

There is no material on record to establish that the accused had any criminal background or was involved in any other case under the provisions of the Act. There is also no material on record to show that he was a previous convict. The recovery effected from the appellant is non commercial quantity. He has .....

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ne of ₹ 20,000/- in default of payment of fine, to further undergo rigorous imprisonment for a period of four months will suffice the ends of justice - Decided partly in favour of appellant. - CRA-S-1582-SB-2004 - Dated:- 3-9-2015 - Darshan Singh, J. For the Petitioner : Mr G S Sidhu, Adv For the Respondent : Mr Anil Mehta, Deputy Adv JUDGMENT Darshan Singh, J. The present appeal has been preferred against the judgment of conviction dated 24.05.2004, passed by the learned Additional Sessio .....

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imprisonment for one year. 2. As per the prosecution case, on 01.05.2003 PW1 Sub Inspector Budh Singh, SHO, Police Station Rori (the Investigating Officer) along with HC Kapoor Singh and other police employees was present at 'T' point village Kuranganwali, at Rori - Kalanwali Road in connection with crime checking. In the meantime, one person carrying a plastic bag, was seen coming from the side of village Kuranganwali. On suspicion, he was apprehended. On enquiry, he disclosed his name .....

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vered poppy straw, two samples of 100 grams each were separated and on weighment, the residue was found to be 19 kilograms and 800 grams. The samples and the residue were converted into separate parcels and were sealed by the Investigating Officer bearing seal impression 'BS' and were taken into possession vide separate recovery memo Ex.PB, which was attested by the witnesses. The seal after use was handed over to HC Kapoor Singh. The accused was arrested. Ruqqa Ex.PC was sent to the pol .....

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-after called 'Cr.P.C.') was presented in the Court. 4. The accused appellant was charge sheeted for the offence punishable under Section 15 of the Act vide order dated 30.05.2003 by the learned trial Court, to which the appellant pleaded not guilty and claimed trial. 5. In order to substantiate its case, prosecution examined as many as four witnesses. 6. When examined under Section 313 Cr.P.C., the accusedappellant pleaded innocence and false implication. 7. In the defence evidence, acc .....

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Mr. G.S. Sidhu, Advocate, learned counsel for the appellant, Mr. Anil Mehta, learned Deputy Advocate General for the State of Haryana and have meticulously examined the record of the case. 11. Initiating the arguments, learned counsel for the appellant contended that no independent witness has been associated, even though the recovery is alleged to have been effected on a public road. He further contended that there is a material contradiction in the statements of the prosecution witnesses with .....

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he sample parcel to the FSL, has admitted in the cross-examination that he has tampered with with the affidavit after it was attested by the Magistrate. He further contended that it is not established that the sample seal was sent to the FSL, so no sample seal was available with the Chemical Examiner for comparing the same with the seals affixed on the sample parcel. Thus, the link evidence is missing and the tampering with the case property cannot be ruled out. To support his contentions, he ha .....

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/1 is not attested by any independent witness. He contended that once the procedure for giving offer under Section 50 of the Act was followed then the compliance of the same has to be shown. Thus, he contended that the non-compliance of Section 50 of the Act has vitiated the conviction and sentence. To support his contentions, he has relied upon case Partap Singh Vs. State of Haryana (supra) and Bhajan Singh alias Ghola Vs. State of Punjab (supra). 14. He further contended that the case property .....

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On the other, learned State counsel contended that the Investigating Officer has tried to associate the independent witness but they did not agree. So, no fault can be found with the Investigating Officer due to non-joining of the independent witness. He further contended that the accused has not alleged any ill-will against the Investigating Officer. So, there is no reason to disbelieve the statements of the official witnesses. 17. He further contended that from the consistent statement of PW1 .....

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the case property has remained intact, so mere delay of six days in sending the sample to the FSL has not resulted in any prejudice to the accused. The provision of Section 52-A of the Act are not mandatory. Thus, he pleaded that there is no infirmity in the conviction of the appellant recorded by the learned trial Court. 18. I have duly considered the aforesaid contentions. 19. No doubt the recovery in this case has been effected at the 'T' point of village Kuranganwali on the road lead .....

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e further deposed that out of them, two came from the side of Kuranganwali and 2/3 from the side of Kalanwali. From the aforesaid consistent statements of PW1 SI Budh Singh and PW3 Kapoor Singh, it comes out that the Investigating Officer has requested the public men to join the investigation but they expressed their inability. So, in that situation, no option was left with the Investigating Officer to proceed further with the investigation of the case associating only the official witnesses. 20 .....

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also co-villager of the present appellant. There is also no material to establish that the appellant was having any enmity or dispute with said Leela Singh. It is not believable that mere this fact that the appellant and Leela Singh belonging to different political parties, can be a reason for false implication of the appellant. There is also no material on record to show that as to what was the status of Leela Singh in the Indian National Lok Dal, as to whether he was in a position to exercise .....

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a ground to discard the prosecution case. The testimonies of the official witnesses also carries the same evidentiary value as that of any other witness. As discussed above, the defence plea of the appellant that he has been falsely implicated at the instance of Leela Singh due to party faction has no substance, so there was no motive for the false implication of the accused-appellant by SI Budh Singh, the Investigating Officer of the case. In these circumstances, the non-joining of the independ .....

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in depositing the sample with the Forensic Science Laboratory, Madhuban, Haryana (Karnal). In case Mohan Singh Vs. State of Punjab 2007(4) RCR (Criminal) 705, there was delay of 10 days in sending the sample to the F.S.L. The Division Bench of this Court held that mere delay in sending the sample to the laboratory is not fatal where there is evidence that the seized articles were kept in proper and safe custody. The Hon ble Apex Court also in case State of Orrisa Vs. Kanduri Sahoo 2004(1) RCR (C .....

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F.S.L. In the instant case also, there is no material on record to establish the tampering with of the case property. Learned counsel for the appellant has tried to take the benefit of the minor clerical omissions/lapses in the statements of PW3 Satpal Singh Head Constable, the then MHC Police Station Rori and PW4 Constable Satish Kumar, who had carried the sample parcels to FSL, Madhuban. PW3 HC Satpal Singh has stated in the cross-examination that the bag of case property was containing 19 kil .....

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e report of the FSL Ex.PX also shows that the seals on sample parcel were intact and tallied with specimen seal as per the forwarding authority's letter. It clearly shows that in fact the specimen seal impression was forwarded to the Forensic Science Laboratory and that is why the same has been compared and have been found to be tallied with the seal impressions on the sample parcel. From the statement of PW3 HC Satpal Singh, PW4 Constable Satish Kumar and the report of the FSL Ex.PX, it com .....

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is view reference can be made to cases State of Himachal Pradesh Vs. Pawan Kumar 2005 Supreme Court Cases (Criminal) 943, Ajmer Singh Vs. State of Haryana (2010) 3 Supreme Court Cases 746 and Ram Swaroop Vs. State (Government of NCT of Delhi) (2013) 14, Supreme Court Cases 235. In view of the aforesaid authoritative pronouncements of the Hon'ble Apex Court, the Single Bench judgments of this Court, relied upon by learned counsel for the appellant are of no help to him. 24. No doubt, the Inve .....

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f Punjab 2003(2) RCR (Criminal) 256 (DB), Amarjeet Kaur Vs. State of Haryana 2003(1) RCR (Criminal) 99 and Sanjiv Kumar alias Sanju and another Vs. State of Punjab 2007(4) RCR (Criminal) 744. 25. PW1 SI Budh Singh and PW2 HC Kapoor Singh have consistently deposed about the manner of apprehension of accusedappellant, the search and seizure of the contraband from his possession. Learned counsel for the appellant has not been able to point out any material contradiction in their statements. Learned .....

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sted by PW2 HC Kapoor Singh. So, there is no escape from the conclusion that the weight of the residue was 19 kilograms 800 grams. Thus, from the cogent, convincing and reliable evidence adduced by the prosecution, it is established beyond shadow of reasonable doubt that 20 kilograms poppy husk was recovered from the conscious possession of the appellant. So, the conviction of the appellant for the offence under Section 15 of the Act is maintained and upheld. 26. Learned counsel for the appellan .....

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