Harchand Singh alias Roda vs State of Punjab

Kanwaljit Singh Ahluwalia, J.—The present appeal has been filed by Harchand Singh alias Roda. He was named as accused in case FIR No. 119 dated 2.7.2002 registered at Police Station Dirba, u/s 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "1985 Act").

The trial Court convicted the appellant for offence u/s 15 of the 1985 Act and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/-. In default of payment of fine, to further undergo rigorous imprisonment for four months.

Briefly stated, case against the present appellant is that he Criminal Appeal No. 1145-SB of 2005 2 was apprehended on 2.7.2002 and was found in possession of 20 Kgs. of poppy husk.

Counsel for the appellant has stated that he has gone through the record and has read the testimony of PW.1 Ramji Dass, Assistant Sub Inspector, and PW.5 Harmohinder Singh, Assistant Sub Inspector, who were members of police party who had apprehended the accused and had effected the recovery. Counsel states that he is not in a position to assail the conviction of appellant but will pray to this Court that by taking into consideration the old age of appellant, sentence should be adequately reduced. Counsel has referred to the title of the judgment where the age of accused was recorded as 68 years. The judgment was delivered in July 2005. Therefore, counsel has submitted that the appellant is now aged about 73 years.

In view of the submissions made by counsel for the appellant that he will not assail the conviction of appellant but will only pray to this Court regarding reduction in his sentence, this Court shall briefly notice the facts.

PW.1 Ramji Dass, Assistant Sub Inspector, had sent a ruqa Ex.PD to Police Station, Dirba, for registration of the case. In the ruqa, it was stated that Ramji Dass, Assistant Sub Inspector, along with his companion police officials, was going from Dirba to Karial. He joined Chhota Ram alias Ghop as an independent witness. When the police party reached near Choa in the area of Dirba, they spotted one person sitting on the pattri of Choa with a plastic bag with its mouth open, in his hand. On seeing the police party, that person made an attempt to escape. On suspicion, he was interrogated. On interrogation, he Criminal Appeal No. 1145-SB of 2005 3 disclosed his name as Harchand Singh alias Roda son of Sadhu Singh. A notice Ex.PA was served upon the witness, calling upon him to exercise option whether he wanted himself to be searched in the presence of a Gazetted Officer or a Magistrate, on which he reposed trust in the Investigating Officer. Accordingly, in consonance with the procedure, recovery of 20 Kgs. of poppy husk was made vide memo Ex.PB.

The above said FIR was investigated. A report u/s 173 Cr.P.C. was submitted.

The Judge, Special Court, Sangrur, on 1.10.2002 framed a charge against the petitioner that on 2.7.2002 at about 1.30 P.M., in the area of village Karial, he was found in possession of 20 Kgs. of poppy husk without any licence or permit. Therefore, he committed an offence u/s 15 of the 1985 Act. The appellant pleaded not guilty and claimed trial.

The prosecution commenced its evidence and examined Ramji Dass, Assistant Sub Inspector, as PW.1, who deposed regarding search, seizure and recovery of contraband. He was duly corroborated by PW.5 Harmohinder Singh, Assistant Sub Inspector.

PW.2 Gulshan Singh, Head Constable, tendered into evidence his affidavit Ex.PF.

PW.3 Ravinder Singh, Sub Inspector, deposed that accused and case property were produced before him and he asked Ramji Dass, Assistant Sub Inspector, to deposit the same with Gulshan Singh, Moharrir Head Constable, PW.3.

PW.4 Pargat Singh, Constable, had also tendered into Criminal Appeal No. 1145-SB of 2005 4 evidence his affidavit Ex.PG.

Thereafter, the prosecution had closed its evidence.

The statement of accused was recorded u/s 313 Cr.P.C. He denied all the incriminating circumstances and pleaded innocence.

Chhota Ram, who was joined as independent witness by the police party was not examined by the prosecution, but was examined in defence as DW.1. This witness stated that he has seen the accused for the first time in the Court and no recovery was effected from him in his presence.

The trial Court held that the evidence of official witnesses PW.1 Ramji Dass, Assistant Sub Inspector, and PW.5 Harmohinder Singh, Assistant Sub Inspector, aspire confidence and the fact that the independent witness was examined in defence, was not sufficient to impeach the credibility of the official witnesses.

Learned Counsel for the appellant has submitted that he will not be in a position to dislodge the arguments accepted by the trial Court as he has nothing in his arsenal except to point out contradictions, discrepancies and improvements in the testimony of witnesses. However, learned Counsel for the appellant has submitted that keeping in view the old age of the appellant into consideration and the fact that recovery of poppy husk of non-commercial quantity of 20 Kgs., he should be leniently dealt with leniently.

In the present case, occurrence pertains to the year 2002. About eight years are going to elapse. The appellant has suffered mental pain and agony of protracted trial. He is now 73 years old.

Counsel for the State has placed on record affidavit of Joga Singh Sekhon, Superintendent, District Jail, Sangrur. In the affidavit, it has been stated that the appellant has already undergone four months and 15 days of actual sentence out of the sentence of one year, awarded by the trial Court. The affidavit further stated that the appellant is not named in any other case.

This Court, taking into consideration the old age of appellant and the factum of protracted trial, is of the view that sentence awarded to the appellant can be reduced to already undergone. However, sentence of fine and the default clause are maintained.

Ordered accordingly.

With the observations made above, present revision petition is disposed of.