Daljit Singh alias Billa vs State of Punjab

M.L. Singhal, J.

The prosecution case in brief is that on 16.7.1984 SI Gurmit Chand laid Naka in the area of village Gujjarpura. ASI Krishan Kumar, HC Harbhajan Singh and constable Jagjit Singh etc. were with him. Daljit Singh alias Billa was sighted coming on Royal Enfield Motor Cycle No. PNO 2115 towards the Naka Party. When his eyes fell on Naka Party, he turned backwards. It aroused suspicion in the mind of SI Gurmit Chand, who apprehended him alongwith the said Motor Cycle. Motor Cycle was searched. Search of the Motor Cycle yielded recovery of 6 kgs. and 50 grams of opium from its dicky. Out of the recovered opium, 10 grams was taken out as sample. Sample opium was made into a parcel and sealed with the seal of SI Gurmit Chand, bearing impression "GC". The remaining opium was also put in a tin (pippa) which was also made into a parcel and sealed of SI Gurmit Chand bearing impression "GC". Both the sealed parcels containing opium were taken into possession vide memo Ex.PA. Memo Ex.PA was attested by ASI Krishan Kumar and HC Harbhajan Singh PWs. Ruqa Ex.PB was sent to the Police Station for the registration of the case, on the basis of which case F.I.R. No. 297 dated 16.7.1984 was registered at Police Station, Ajnala under Station 9 of the Opium Act. Visual site plan Ex.PC was prepared at the spot with correct marginal notes. On return to the Police Station both the sealed parcels containing opium were deposited by SI Gurmit Chand with MHC Kashmir Singh with seals intact. Sample opium was sent to the Chemical Examiner for chemical examination, who vide report Ex.PD, found that the sample contained opium containing morphine and meconic acid. After the investigation of the case accused was challaned under Section 9 of the Opium Act.

The accused was charged vide order dated 3.12.1986 under Section 9 of the Opium Act by the Judicial Magistrate Ist Class, Ajnala. Accused pleaded not guilty to the charge and claimed trial.

On the conclusion of the trial vide order dated 13.8.1987, learned Judicial Magistrate, Ajnala found the charge under Section 9 of the Opium Act proved against the accused and convicted him thereunder. He sentenced him to undergo rigorous imprisonment for two years and to pay fine of Rs. 600/ or in default of payment of fine to undergo further rigorous imprisonment for a period of three months.

Daljit Singh alias Billa went in appeal to the Court of Sessions, which was dismissed by the learned Additional Sessions Judge, Amritsar vide order dated 4.1.1998. He, however, reduced the sentence to one year rigorous imprisonment. Sentence of fine was, however, maintained.

Aggrieved from this order dated 4.1.1988 passed by the learned Additional Sessions Judge, Amritsar, Daljit Singh alias Billa has come up in revision to this Court.

I have heard the learned counsel for the revisionpetitioner, learned AAG Punjab and have gone through the record.

Learned counsel for the petitioner submitted that the recovery of opium rests on the statements of SI Gurmit Chand and HC Harbhajan Singh PWs. They are police officials interested in the success of the case detected by them. It was submitted that SI Gurmit Chand was laying Naka and if he was laying Naka, he must have been laying Naka on the receipt of some secret information.

Suffice it to say, it was routine Naka laid by the police. It is usual with the police to lay Nakas in the Ilaqa so that the crime should not remain unchecked and people with criminal propensities remain deterred. Learned counsel for the petitioner has not been able to point out any discrepancy in the statements of PWs which could impinge upon their presence at the spot.

Faced with this position, learned counsel for the petitioner submitted that the petitioner was closely related to Anup Singh DW. In the year 1983, Anup Singh filed criminal complaint against SI Gurmit Chand and two others. He used to support Anup Singh in the prosecution of the complaint. SI Gurmit Chand and others were summoned by the Magistrate on 13.2.1984 vide order Ex.D.1.

Learned Courts below did not attach justifiable weight to this submission. If Anup Singh had incurred any wrath of SI Gurmit Chand, and two others, there could have been implication of Anup Singh. Why should there have been implication of Daljit Singh alias Billa who was allegedly merely coming to the Court with Anup Singh for the prosecution of that complaint.

I have gone through the judgments of the Courts below and do not find that conclusion of fact arrived at could not have been arrived at. I do not find any misappreciation of evidence by the learned Courts below. In my opinion the petitioner was justifiably convicted by the learned Courts below.

The petitioner was put up on trial in the year 1985. He remained in trial before the Magistrate for two years. He remained in appeal before the learned Additional Sessions Judge, Amritsar for one year. He has been facing the vagaries of his trial for the last 14 years. It is true that he is not a previous convict and is first offender but he cannot be released on probation of good conduct because the recovery of large haul of opium from his possession dissuades me from releasing him on probation of good conduct. Recovery of such a large haul of opium from his possession suggests that he was dealing in contraband opium and was initiating the people into opium eating. Opiumeating shatters human health. Sentence imposed should, however, be slashed and brought down. It is slashed and brought down to rigorous imprisonment for 6 months. Fine is enhanced to Rs. 5000/. In default of payment of fine, he shall further undergo rigorous imprisonment for two months.

Subject to this reduction/variation in sentence, this revision fails and is dismissed.

Revision dismissed.