TMI Blog2010 (4) TMI 1172X X X X Extracts X X X X X X X X Extracts X X X X ..... gainst the petitioner that he had been found in possession of six bags each containing 32 kilograms of Poppy Husk without any permit or licence, was found to have been proved by the Trial Court as well as the High Court. In order to appreciate the submissions made by Mr. R.K. Talwar, learned counsel appearing for the petitioner, it is necessary to set out the facts of the case in brief. 2. On 2nd December, 1995, Gian Singh, Inspector, along with other Police officers, was on patrol duty at the turning of Bhawani Khera on the Thanesar-Jhansa Road. He received a secret information that the petitioner herein, a resident of Singpura, was selling Poppy Husk in his house and the same could be recovered in case a raid was conducted. In the mean ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct, to which he pleaded not guilty and claimed to be tried. On the evidence adduced by the prosecution, the petitioner was found guilty of the charged offence and was convicted and sentenced in the manner indicated hereinbefore. 3. Aggrieved by the judgment of conviction and sentence, the petitioner preferred the appeal before the High Court, being Criminal Appeal No.107-DB of 2000, which was partly allowed to the extent that the sentence of imprisonment was reduced from 12 years to 10 years. The rest of the judgment of the Trial Court was not disturbed. 4. Mr. R.K. Talwar, learned Advocate, appearing for the petitioner, assailed the judgments both of the Trial Court as well as the High Court, mainly on two grounds. He urged that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at [(2000) SCC (Cri) 496] and Sajan Abraham vs. State of Kerala [(2001) 6 SCC 692] in the context of the advent of cellular phones and wireless phones in dealing with emergent situations. The Constitution Bench held that whether there was adequate or substantial compliance with Section 42 or not would have to be decided on the facts of each case and non-compliance with Section 42 may not otherwise vitiate the trial if it did not prejudice the accused. 6. Mr. Talwar next submitted that even the provisions of Section 57 of the NDPS Act had not been complied with, inasmuch as, after the petitioner's arrest the police authorities did not, within the time prescribed, make a full report of all the particulars of such arrest and seizure to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat in Sajan Abraham's case (supra) this Court had held that it was not possible for the officer concerned, who was on patrol duty, to comply with the requirements of sub-sections (1) and (2) of Section 42 as the same would have delayed the trapping of the accused which might have led to his escape. 9. With regard to non-compliance of Section 57 of the above Act it was held that the same was not mandatory and that substantial compliance would not vitiate the prosecution case, since the copies of the FIR along with other remarks regarding the arrest of the accused and seizure of the contraband articles had been sent by the concerned officer to his superior officer immediately after registering the case. It was held that this amounted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nvestigating officer reached the spot, he sent a wireless message to the Deputy Superintendent of Police, Kurukshetra, who was his immediate higher officer and subsequent to recovery of the contraband, a Ruqa containing all the facts and circumstances of the case was also sent to the Police Station from the spot from where the recovery was made on the basis whereof the First Information Report was registered and copies thereof were sent to the Ilaqa Magistrate and also to the higher police officers. As was held by the High Court, there was, therefore, substantial compliance with the provisions of Section 42 of the NDPS Act and no prejudice was shown to have been caused to the accused on account of non-reduction of secret information into wr ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
