STATE OF PUNJAB Vs. RAM PAL

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of acquittal recorded by a Division Bench of the Punjab and Haryana High Court directing acquittal of the respondent who faced trial for alleged commission of offence punishable under Section 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short "Act"). He was sentenced to undergo rigorous imprisonment for a period of 11 years and to pay a fine of Rs. 1,00,000/- with default stipulation by the learned single Judge, Patiala.

(2.) So far as co-accused Amrik Singh is concerned, he was convicted under Section 15 of the Act and was awarded the same sentence. Two separate appeals were filed. It needs to be mentioned here that respondent Ram Pal was also charged for offence punishable under Section 15 of the Act but in view of the conviction recorded in respect of Section 25 of the Act no sentence was awarded. Therefore, no separate sentence was imposed in respect of accusation relatable to Section 15 of the Act. The High Court primarily directed acquittal on the ground that conscious possession has not been established.

(3.) Learned counsel for the appellant-State submitted that the position in law relating to conscious possession has been dealt with in detail by this Court in Madan Lal and Anr. vs. State of H.R., (2003) 7 SCC 465. The High Court has not kept the correct position in view.