JAGWINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 27.7.2002/order of sentence dated 30.7.2002 passed by the Court of learned Additional Sessions Judge-cum-Special Judge, Panipat whereby he convicted and sentenced the accused Jagwinder Singh to undergo rigorous imprisonment for 4 years and to pay a fine of Rs.5000/- under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act) and in default of payment of fine to further undergo rigorous imprisonment for 3 months.

(2.) Succinctly put, facts of the prosecution case are that on 3.3.1998 A.S.I. Jai Pal Singh amongst other police officials happened to be present near the outer gate of the bus stand of Panipat for patrolling and detection of crime. In the meantime, Ram Kishan Ex-sarpanch son of Tula Ram of Panipat came across. He started chattering with ASI Jai Pal Singh. Meanwhile, the accused was spotted coming out from inside the bus stand holding a bag in his right hand. On catching sight of the police party, he Criminal Appeal No. 1360 SB of 2002 2 turned back and started entering the bus stand. On suspicion, he was intercepted by the aforesaid ASI. He was suspected to be in possession of some contraband. He opted to have the search before a Gazetted Officer. Then D.S.P. Partap Singh on being called, came at the spot. On search, charas yielded from the bag. When weighed, it came to 700 grams out of which 50 grams was drawn to serve as sample and it was converted into a parcel. The residue was also turned into a parcel. These parcels were sealed with the seal JP and taken into possession alongwith the bag. The seal after use was handed over to HC Ranbir Singh. The accused was put under arrest. Ruqa was sent to the Police Station, where on its basis formal F.I.R. was recorded. After completion of investigation, the charge-sheet was laid in the court for trial of the accused.

(3.) The accused was charged under Section 20 of the Act to which he did not plead guilty and claimed trial. To bring home guilt against the accused, the prosecution examined ASI Randhir Singh PW-1, Partap Singh DSP PW-2, SI Jai Pal Singh PW-3, Samunder Singh Inspector PW-4, Constable Naresh Kumar PW-5 and closed its evidence by giving up Ram Kishan PW as having been won over by the accused. When examined under Section 313 Cr.P.C., the accused denied all the incriminating circumstances appearing in the prosecution evidence against him and pleaded innocence as well as false implication. He closed his evidence by tendering mark DA the affidavit of Ram Kishan. After hearing the learned Public Prosecutor for the State, the learned defence counsel and examining the evidence on record, the learned trial Court convicted and sentenced the accused as noticed at the outset. Feeling aggrieved therewith, he has preferred this appeal. Criminal Appeal No. 1360 SB of 2002 3 I have heard the learned counsel for the parties, besides perusing the record with due care and circumspection. Mr. D.D.Sharma, Advocate, on behalf of the appellant urged with a good deal of force that the seal having not been handed over to Ram Kishan an independent witness gives an inkling that in fact, his name has been introduced in the story with an end in view to establish that the independent witness was joined. He further puts that there is delay of as many as 13 days in sending the sample parcels to the Chemical Examiner for analysis. The seal being with HC Ranbir Singh, the possibility of their contents being tampered with cannot be ruled out. The learned State Counsel countered these arguments by urging that a glance through the Forensic Science Laboratory Ex.PE would reveal that the seals of the sample parcels were intact and agreed with the sample seal, when the same was received in the laboratory. That being so, such possibility stands ruled out.