Paramjit Singh alias Pamma vs State of Haryana

Affidavit of Sh. Sukhram, Superintendent, District Jail, Sirsa mentioning the period of imprisonment undergone by the applicant/appellant-Paramjit Singh alias Pamma filed in Court today is taken on record.

Heard counsel for the parties.

The Crl. Misc. application has been filed seeking suspension of sentence of imprisonment during the pendency of the appeal. The prosecution case is based on the memo sent by ASI Gurmeet Singh, Incharge of Special Staff, Sirsa who on 8.4.2005 along with other police officials was present at the metalled road leading from village Sawant Khera to Mangeana in connection with checking. The police officials were in a government jeep. At that time, a white colour Maruti car came from the side of Sawant Khera and on seeing the police party, its driver turned the car back and sped away. The Police chased the Maruti car. The driver of the Maruti car on seeing that the Police party was chasing him stopped the car and tried to run away, but was apprehended. However, another person managed to escape. The driver disclosed his name as Paramjit Singh alias Pamma (applicant/appellant) and the person who had run away, it was disclosed, was Ajaib Singh. On search of the car, four gunny bags were found. A notice u/s 50 of the NDPS Act was given and the person apprehended was apprised of his right to get the search carried out before some Gazetted Officer or a Magistrate. The applicant/appellant, however, declined the offer and reposed faith in ASI Gurmeet Singh. On search of the car, poppy husk was found in the bag. Each bag was found to be weighing 41 kgs. Two samples of 100 gms each were taken from each of the bags. Samples and the recovered contraband were sealed with seal of ''GS''. Seal after use was handed over to Head Constable Sham Das. The car was also taken in possession.

In terms of the affidavit of Sh. Sukhram, Superintendent, District Jail, Sirsa, the applicant/appellant Paramjit Singh alias Pamma has undergone imprisonment of four years, nine months and twenty-two days as on 18.1.2012. It is mentioned that there were two other cases against him. However, he has been acquitted in both the cases. There is no other case under the NDPS Act against the applicant/appellant.

The learned counsel appearing for the applicant/appellant has contended that the recovery of four bags said to be containing contraband is highly doubtful and there is no independent witness who was examined. Besides, the applicant/appellant was not the owner of the car that was taken in possession by the Police and the prosecution has failed to show as to how the car was in possession of the applicant/appellant. It is further submitted that the sentence of Ajaib Singh, co-convict of the applicant/appellant has been suspended by this Court vide order dated 18.10.2011 passed in CRM No. 46964 of 2011 in CRA D-532-DB of 2009.

In response, learned State counsel has submitted that the prosecution has established its case beyond shadow of reasonable doubt. Besides, it is submitted that the applicant/appellant has been sentenced of imprisonment of 15 years and therefore, the period of imprisonment undergone by him is too less. As regards the non-examination of independent witnesses, it is submitted that there is no reason for the police officials to falsely implicate the applicant/appellant. Therefore, it is submitted that the present Crl. Misc. application seeking suspension of sentence of the applicant/appellant is liable to be dismissed.

We have given our thoughtful consideration to the matter. The case involves arguable points which would require consideration at the time of final hearing. The learned trial Court has imposed sentence of imprisonment of 15 years on the applicant/appellant Paramjit Singh. The question whether the said sentence of 15 years can be said to be commensurate with the gravity of the offence even if the prosecution case is held to be established would require consideration at the time of final hearing. A Division Bench of this Court in the case of Daler Singh v. State of Punjab, 2007 (1) RCR (Crl.) 316 has held that where the convict is sentenced for ten years for having in his conscious possession commercial quantity of contraband, he shall be entitled to bail if he has already undergone a total sentence of four years, which must include atleast fifteen months after conviction. In respect of sentence of more than ten years, the total sentence required to be undergone is that of six years, which must include 15 months after conviction. The applicant/appellant has been sentenced to 15 years and in terms of the said case, he would be required to undergo imprisonment of six years. Learned counsel for the applicant/appellant has, however, submitted that the sentence that has been imposed is in any case liable to be reduced as the applicant/appellant is said to be carrying four bags of poppy husk weighing about 160 kgs. These aspects indeed would require consideration at the time of final hearing. The appeal is not likely to mature for hearing in the near future. Besides, the sentence of imprisonment of the co-convict namely Ajaib Singh has been suspended by this Court vide order dated 18.10.2011. In the circumstances, it would be just and expedient to suspend the sentence of imprisonment of the applicant/appellant as well.

Accordingly, the Crl. Misc. application is allowed and the sentence of imprisonment of the applicant/appellant Paramjit Singh alias Pamma shall, during the pendency of the appeal, remain suspended subject to his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Sirsa.