TMI Blog2017 (5) TMI 732X X X X Extracts X X X X X X X X Extracts X X X X ..... two daughters and also had responsibilities towards his family. Thus, he deserves leniency in the matter of sentence. Therefore, in view of our aforesaid discussion, the appeal of the appellant against conviction has no merits. The same is hereby dismissed. The conviction of the accused-appellant recorded by the learned Judge, Special Court, Karnal under Section 15 (c) of the NDPS Act is hereby maintained. However, the sentence is modified from imprisonment of 14 years and pay a fine of ₹ 1,50,000/- and in default thereof to undergo rigorous imprisonment for two years, to undergo rigorous imprisonment for a period of ten years and to pay a fine of ₹ 1,00,000/- for committing the offence under Section 15 (c) of the NDPS Act. The fine shall be recoverable in terms of Section 421 Cr.P.C. - CRA-D-303-DB of 2010 (O&M) - - - Dated:- 1-5-2017 - S. S. Saron And Darshan Singh, JJ. Mr. K.S.Dhaliwal, Advocate for the appellant Mr. S.S.Pannu, DAG, Haryana ORDER Darshan Singh, J. The present appeal has been preferred against the judgment of conviction dated 05.02.2010 passed by the learned Judge, Special Court, Karnal, vide which accused-appellant Harind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore PW-6-Inspector Ram Kumar, SHO, Police Station Taraori. He verified the facts of the case and affixed his seal bearing impression 'RK' on the sample parcels and gunny bags containing the remainder poppy-husk. He directed the Investigating Officer to deposit the case property in the Malkhana of the Police Station. 4. The Investigating Officer prepared the inventory of the case property Ex.P-10. He also submitted his report under Section 52-A of the NDPS Act and produced the case property before the learned Judicial Magistrate Ist Class, Karnal on 13.09.2007. The learned Judicial Magistrate Ist Class, Karnal certified the inventory vide order dated 13.09.2007. The sample parcels were sent to the Forensic Science Laboratory, (for short-'F.S.L.'), Madhuban (Haryana) for examination, which were found to be of Poppy Straw ('Choorapost') vide report Ex.P-14 and on completion of the investigation, the report under Section 173 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') was presented in the Court. 5. After compliance of the provisions of Section 207 Cr.P.C, the accused-appellant was charge sheeted by the learned Judge, Special Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no reason to disbelieve the statements of the official witnesses. He further contended that the conscious possession of the accused-appellant over all the three bags is established. He has dragged one bag from the paddy field to the Kacha path and on seeing the police party he sat down in the paddy field just near the remaining two bags, which shows that he was in conscious possession of the entire contraband. 13. We have duly considered the aforesaid contentions. 14. As per the prosecution version, the police party was on routine patrolling and crime checking when the accused-appellant was noticed dragging out a gunny bag from the paddy field to the Kacha path and on seeing the police jeep, he sat down in the paddy field which raised the suspicion in the mind of the Investigating Officer. So, it was a chance recovery and the Investigating Officer had no opportunity or time to call for the independent witness to join the investigation. It is well settled by this time that the testimonies of the official witnesses also carries the same evidentiary value and their testimonies cannot be discarded merely on the ground of their official designation. The learned defence counsel has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t it was not a conscious possession, has to establish it, because how he came to be in possession is within his special knowledge. It was further held that Section 35 of the Act gives a statutory recognition of this position because of presumption available in law. Similar is the position in terms of Section 54 of the Act, where also presumption is available to be drawn from the possession of illicit article. Similar ratio of law has been laid down by Hon'ble Supreme Court in case Gian Chand and others Vs. State of Haryana 2013 (3) RCR (Criminal) 916. 16. In the instant case, the accused-appellant has pleaded simple false implication in his statement recorded under Section 313 Cr.P.C. He has not given any explanation as to how he came to be present in the fields where the three bags containing poppy-straw were lying and he has brought one bag out of those to the Kacha path. Thus, the conduct of the appellant establishes that he was fully aware about the nature and substance in those bags. So, there is no escape from the conclusion that appellant was in conscious possession of all the three gunny bags containing poppy-straw. In case Megh Singh Vs. State of Punjab, 2003 (4) R. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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