Riaz Ahmad vs State of Punjab

Sabina, J.—Vide this order, above mentioned two appeals would be disposed of, as they have arisen out of FIR No.120 dated 29.10.2004 u/s 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ''Act''), registered at Police Station Bholath, Kapurthala.

Appellants had faced trial in the above mentioned FIR. Trial Court vide judgment/order dated 08.08.2007/09.08.2007 ordered the conviction and sentence of the appellants qua commission of offence punishable u/s 15 of the Act. Hence, the present appeals by the appellants-accused..

Prosecution story, in brief, is that on 29.10.2004, Sub-Inspector (in short ''SI'') Surinder Singh received a secret information that the appellants were carrying contraband in truck bearing No.JK-02-A-1889. He further received the information that the contraband had been concealed in the wooden boxes of apples. On the basis of the said information, SI Surinder Singh sent ruqa for registration of FIR to the Police Station. A request was also made for sending a photographer and a Gazetted Officer to the spot. SI Surinder Singh, along with other police officials reached the spot. The truck in question was found parked there. Appellants were apprehended and they were informed of their right that they could get the truck searched in the presence of a Gazetted Officer or a Magistrate. Both the appellants declined to get the search of the truck effected from SI Surinder Singh. Thereafter, Deputy Superintendent of Police (in short ''DSP'') Randhir Singh Uppal reached the spot. He introduced himself to the appellants and informed them that they had a legal right to be searched before some other Gazetted Officer or a Magistrate. Appellants reposed confidence in DSP Randhir Singh Uppal. On search of the truck, it was found that 81 wooden boxes contained poppy husk, whereas, the remaining 230 boxes contained apples. Some boxes were in broken condition. Six gunny bags were also loaded with the said boxes. On weighment, the total poppy husk weighed 6 quintals and 50 kilograms. The said poppy husk was put into 32 gunny bags weighing 20 kilograms each and the remaining 10 kilograms poppy husk was put into another gunny bag. All the gunny bags were tied and were sealed by the DSP with his seal bearing impression RS. SI Surinder Singh also affixed his seal bearing impression SS. The entire process was duly photographed by Constable Charanjeet Singh. The entire case property was taken in possession. Thereafter, the appellants were brought to the Police Station along with the case property and were produced before the Station House Officer (in short ''SHO'') Mohinder Singh. SHO Mohinder Singh, after verifying the case property, sealed the same with his own seal bearing impression MS. Thereafter, the case property was deposited with MHC Balwinder Singh. Appellants were arrested on 30.10.2004. SI Surinder Singh, along with SHO Mohinder Singh, produced the appellants along with case property before the Area Magistrate. Charanjit Singh, photographer was called to the spot. Area Magistrate, broke the seals of the gunny bag. 250 grams of poppy husk was drawn as sample from each gunny bag. Sample parcels were prepared. Sample parcels as well as the remaining case property were sealed with the seal of the Area Magistrate bearing impression HS. They were also sealed with the seal of SI Surinder Singh bearing impression SS. The SHO, on return to the Police Station, deposited the case property in the Malkhana.

After completion of investigation and necessary formalities, challan was presented against the appellants.

During trial prosecution examined six witnesses.

Appellants when examined u/s 313 Cr.P.C. prayed that they were innocent and had come to Kapurthala to sell almonds. No recovery had been effected from them and they had been falsely involved in this case after detaining them by the CIA Staff, Kapurthala.

Appellant examined two witnesses in their defence.

Learned Legal-Aid counsel on behalf of the appellants has submitted that the appellants had been falsely involved in this case. In fact, the appellants had come to Kapurthala to sell almonds and were falsely involved in this case.

Learned State counsel, on the other hand, has submitted that the prosecution had been successful in proving its case.

In the present case, prosecution story was set in motion on the basis of a secret information received by PW-4 SI Surinder Singh. The said witness, while appearing in the witness- box, has deposed as per the prosecution case. Statement of PW-4 SI Surinder Singh is duly corroborated by PW-3 DSP Randhir Singh Uppal on material aspects. Thus, in the present case, when the appellants were apprehended with the truck in question, they were informed by PW-4 SI Surinder Singh that they had a right to get the truck searched in the presence of a Gazetted Officer or Area Magistrate. Appellants showed their unwillingness to get the truck searched in the presence of PW-4 SI Surinder Singh. Thereafter, DSP Randhir Singh Uppal reached the spot. Appellants showed their willingness to get the truck searched in his presence. On search of the truck, 6 quintals and 50 kilograms of poppy husk was recovered. The recovered poppy husk was put in 33 gunny bags i.e. 32 bags contained 20 kilograms poppy husk each and, whereas, one gunny bag contained 10 kilograms of poppy husk. These gunny bags were made into sealed parcels and were sealed with seals bearing impressions RS and SS. Thereafter, the case property was produced before PW-2 Inspector Mohinder Singh. The said witness, after verifying the case property, had affixed his own seal on the case property bearing impression MS. Then the case property was deposited with the MHC Balwinder Singh.

Head Constable Balwinder Singh appeared in the witness box as PW-5 and he deposed that on 29.10.2004, case property was deposited with him duly sealed with the seal bearing impressions RS, SS and MS in the Malkhana. On 30.10.2004, he handed over the said case property to the SHO Mohinder Singh along with specimen seal to be produced before the Area Magistrate.

SI Surinder Singh, while appearing in the witness box as PW-4 deposed that on 30.10.2004, he had produced the case property along with SHO, Police Station Bholath before the Area Magistrate. Photographer was called to the spot. Area Magistrate after comparing the seals opened the gunny bags. 250 grams of poppy husk was taken out as a sample from each gunny bag. Separate sample parcels were prepared. Sample parcels as well as the case property was sealed by the Area Magistrate with his seal bearing impression HS. He also affixed his seal bearing impression SS. Thereafter, the case property was re-deposited in the Malkhana.

PW-5 Head Constable, Balwinder Singh has deposed that the case property along with 33 samples each weighing 250 grams duly sealed with seals bearing impressions HS and SS were re-deposited by him in the Malkhana on 30.01.2004.

Exhibit PM is the order passed by the Area Magistrate which reads as under:-

"Heard. 33 bags of case property duly sealed with seals bearing marks SS, RS and MS produced in the court. Samples of case property separate, which are duly sealed. Now case property be kept in Malkhana."

Thus, from the above order passed by the Area Magistrate, the statement of SI Surinder Singh stands duly corroborated with regard to separation of samples from the case property by the Area Magistrate. When the appellants were produced before the Area Magistrate, police file was perused and vide order 30.10.2004 appellants were remanded to police custody till 3.11.2004.

PW-5, Head Constable Balwinder Singh further deposed that on 18.11.2004, he had handed over 33 samples to Constable Dilbagh Singh for depositing the same to the Chemical Examiner.

PW-6 Constable Dilbagh Singh deposed that on 18.11.2004, he took 33 samples weighing 250 grams each from MHC Balwinder Singh sealed with seals bearing impressions SS and HS along with docket and deposited the same in the office of Chemical Examiner. On return to the Police Station, he handed over the receipt to the MHC Balwinder Singh. He further deposed that till the samples and the case property remained in his possession, he did not himself tampered with the same nor allowed any one to tamper the same.

PW-1, Constable Charanjit Singh has proved the photographs Ex. P-1 to Ex. P-11 on 29.10.2004. The said witness deposed that he had taken the photographs Ex. P-1 to Ex. P-11 at the spot. He further deposed that on the next day, he had accompanied Sub-Inspector Surinder Singh to the Court where the samples were drawn and he had taken the photographs Ex.P-1 to P- 11.

From the evidence discussed above, it is evident that prosecution has been successful in proving its case. Although, in the present case, no independent witness was joined but the fact remains that huge quantity of contraband had been recovered from the appellants. The truck in question was searched in the presence of a Gazetted Officer. Appellants were produced before the Area Magistrate along with case property on 30.10.2004 and samples from the recovered contraband were drawn by the Area Magistrate. The samples were sent to the Chemical Analyst and as per the report of the Chemical Analyst, the samples contained the poppy husk.

There is no force in the argument raised by learned Legal-Aid counsel for the appellants that the delay in sending the samples for chemical examination rendered the prosecution case doubtful. There is no evidence on record to suggest that during the intervening period i.e. from 30.10.2004 to 18.11.2004, the samples had been tampered with. The official witnesses had no ill-will or enmity against the appellants to have falsely involved them in this case. The official witnesses were merely discharging their official duty and in discharge of their official duty, appellants were apprehended with the contraband.

There is also no force in the argument raised by learned Legal-Aid counsel for the appellant to the effect that only one sample had been separated instead of two samples as the said fact has not caused any prejudice to the appellants as in the present case, the samples were separated by the Area Magistrate from the case property with seals intact. The samples duly sealed bearing with the stamp of the Magistrate and PW-4 were sent for chemical examination and as per the report of the chemical examiner, the samples contained poppy heads.

In the present case, prosecution had been successful in proving its case by leading cogent evidence. Trial Court had, thus, rightly ordered the conviction and sentence of the appellants u/s 15 of the Act.

Hence, no ground for interference is made out.

Dismissed.