Jagdeep Kumar vs State of Punjab

K.C. Puri, J.—This is an appeal directed by the accused-Appellant Jagdeep Kumar against the judgment dated 12.11.2010 passed by Ramesh Kumari, Judge, Special Court, Faridkot vide which the accused has been convicted for having been found in possession of 10-1/2 kgs of Poppy husk without any license.

Briefly stated, the case of prosecution is that on 02.09.2007 ASI Gurmeet Singh along with HC Nirmal Singh, HC Hardip Kumar and other officials was going in government vehicle driven by PHG Tejbinder Singh from village Nathewala Nawan towards village Bir Sikhanwala and when they reached bus stop Nathewala, Gurmit Singh s/o Jarnail Singh r/o Nanaksar Basti, Ferozepur Road, Faridkot met the police party and he was joined to the police party. The police party reached on drain bridge in the area of village Nathewala Nawan, one person was seen coming from the opposite side on scooter bearing No. PB-04-B-5209, who on seeing the police party tried to turn back the scooter, but the scooter slipped and he fell down. He was apprehended by ASI Gurmit Singh and upon asking, he told his name as Jagdip Kumar alias Goga s/o Ramji Dass, r/o Street No. 2, Balbir Basti, Faridkot. One plastic bag was lying on the scooter near the feet of the accused which fell on the ground due to falling of scooter. As the mouth of said plastic bag was open, some of the poppy husk spread on the road. ASI Gurmit Singh disclosed his identity to the accused and told him that he had suspicion that he was carrying some intoxicant in the plastic bag and he wanted to conduct the search and he had a legal right to get the search conducted in the presence of a Magistrate or Gazetted Officer. The accused gave his consent that he has full faith in the ASI. The plastic bag was searched which led to the recovery of poppy husk. Two samples of 250 gms each were taken out and the remaining poppy husk was found to be 10 kgs. The said samples and case property were sealed by the ASI Gurmit Singh with his seal bearing letters ''G.S''. The scooter, samples and the poppy husk were taken into possession vide separate memos. From the personal search of the accused, Rs. 60/-were recovered and taken into possession vide separate memos. Ruqa was sent on the basis of which formal FIR was recorded. On reaching the police station, the case property was produced before SHO SI Gurcharan Singh who affixed his seal. The sample was sent for analysis.

After completion of investigation, challan was presented. Documents as envisaged u/s 207 Cr.P.C were supplied to the accused.

Charge u/s 15 of the N.D.P.S Act was framed against the accused to which the accused pleaded not guilty and claimed trial.

In order to prove its case, prosecution examined Mahesh Kumar Clerk as PW-1, CII Boota Singh as PW-2, SI Gurcharan Singh as PW-3, ASI Gurmeet Singh as PW-4, HC Hardip Kumar as PW-5 and closed the evidence.

The accused was examined u/s 313 Cr.P.C and all the incriminating evidence was put to him, which he denied and pleaded false implication.

No evidence in defence was led by the accused.

The learned trial Court, after appraisal of the evidence, found the accused guilty and sentenced him to undergo imprisonment for a period of 10 months and fine of Rs. 5000/-. In default of payment of fine, to further undergo RI for two months. The period already spent by the accused in custody during investigation and trial was set off against the substantive sentence.

Learned Counsel for the Appellant has not challenged the conviction and has argued only about quantum of sentence. It is contended that the Appellant is the first offender and as per custody certificate, has undergone incarnation for a period of 3 months and 15 days out of the substantive sentence of 8 months. It is further contended that the Petitioner has undergone trial for the last more than 3 years. So, prayer has been made for reduction of the sentence.

Since this is the first appeal and as such, the file is thoroughly perused. On re-appreciation of the evidence, no case for interference in the order of conviction recorded by the trial Court, is made out. The recovery witnesses have fully supported the case of prosecution on all material particulars. They have been cross-examined at length and nothing could be brought on record to discard their testimony. So the conviction recorded by the trial Court stands affirmed.

Now reverting to the quantum of sentence, the record does not show that he has been involved in any other case. The conviction slip shows that the Appellant has undergone incarnation for a period of 3-1/2 months out of substantive sentence of 8 months awarded by the trial Court. The Appellant is facing trial for the last about 3-1/4 years. So, keeping in view whole of the circumstances, the sentence of the Appellant stands reduced to the period already undergone by him.

The appeal stands disposed of accordingly.

A copy of the judgment be sent to the trial Court.