MEGH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appeal preferred by appellant-Megh Singh questioning his conviction under S. 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act) was dismissed by learned Single Judge of the Punjab and Haryana High Court by the impugned judgment. He has questioned the legality thereof in the present appeal.

(2.) The compass of controversy as unfolded during trial by the prosecution is as follows : On 22-2-1993, police party headed by SI Chanan Singh, In-charge of Police Station Dharamgarh (PW 1/B) was going on kacha road towards drain from village Dharamgarh in connection with patrol duty and when they reached near brick kiln, Santa Singh son of Bachan Singh met them and joined in the police party. When the police party was little short of the drain, they saw three persons sitting on gunny bags. Two of them fled from the spot and the third one, accused appellant Megh Singh was apprehended. He disclosed the names of the persons who had run away to be Baldev Singh and Pillu. Twenty-five bags containing poppy husk were found at the spot. Two samples of 250 gms. were taken from each bag and after taking the samples, weight of bags was found to be 36 Kgs. 500 gms. each. All the fifty samples and 25 bags of poppy husk were sealed with seal CS which after use was handed over to HS Mithu Singh (PW-2). The case property was taken into possession vide recovery memo Exhibit PC attested by witnesses including Santa Singh. On the basis of ruqa Exhibit PE. F. I. R. Exhibit PE/1 was registered. Baldev Singh who had run away from the spot was arrested on 27-2-1993 and Pillu Singh was arrested on 10-3-1993. Case property was produced before Baldev Singh, SHO of Police Station, Sunam (PW-3) who verified the investigation and sealed the same with seal BS. On chemical examination, the samples were found to be poppy husk vide report Exhibit PK.

(3.) Trial Court after considering the evidence on record held that the accusations against appellant Megh Singh have been found established; accordingly convicted him under S. 15 of the Act and sentenced him to undergo RI for 10 years and to pay a fine of Rs.1 lakh with default condition of further RI for 1 year. Appellant challenged the conviction and sentence before the High Court. Primary stand was that accused had been arrested on 19-2-1993 and telegram had been sent in that regard to the police officials. It was contended that when benefit of doubt has been given to the other co-accused persons, there was no basis for convicting the accused appellant. There was no material to show any conscious possession which is sine qua non for conviction under S. 15 of the Act. In any event, requirements of S. 50 were not complied with. High Court discarded the plea regarding arrest of Megh Singh on 19-2-1993 on the ground that the evidence on record establishes that the application/telegram was received on 24-2-1993 and merely because an earlier date was indicated, it cannot be said that the accused was really arrested on 19-2-1993. Coming to the plea of conscious possession it was held that the prosecution had produced ample evidence that accused was in physical possession and in terms of S. 54 of the Act conscious possession was presumed unless proved to the contrary. Accused has failed to do so. Therefore, conscious possession was established. Accordingly the appeal filed by the accused was dismissed. It was further held that S. 50 has no application because there was no personal search of the applicant. Consequentially conviction and sentence were upheld.