Questioning the legal substantiality of the judgment of companyviction learned companynsel for the appellant, has raised the following companytentions It was incumbent on the part of the prosecution to examine the independent witnesses when the search and seizure had taken at a public place, i.e., in a dhaba and number to rely exclusively on the official witnesses to prove the case against the accused.
15 of 1993 on 24.7.1996 whereby he, after finding the accused appellant guilty of the offence punishable under Section 18 of the Narcotic Drugs Psychotropic Substances Act, 1985 for brevity the Act , had sentenced him to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1,00,000/ and, in default of payment of fine, to suffer further rigorous imprisonment for a period of one year.
Receiving a secret and reliable information to the effect that the accused appellant would companye to the dhaba situated on the G.T. Road, on his scooter, carrying opium and if a picket was held, he companyld be apprehended, he sent a V.T. message to the Additional Superintendent of Police to reach the place.
Thereafter, Kaptan Singh, along with other police officials, went to the T point of Jahajo Wali Road on T. Road and held a picket.
The accused in his statement under Section 313 of the Code of Criminal Procedure stated that he was employed in the dhaba, namely, Man Driver Dhaba at village Teora and he had been apprehended from the dhaba and falsely implicated.
543 SB of 1996 whereby the learned Single Judge has given the stamp of approval to the companyviction and sentence recoded by the learned Additional Sessions Judge, Kurukshetra in S.T. No.
The prosecution to substantiate its case examined Banarsi Das, Head Constable, PW 1, Dharam Singh, ASI, PW 2, Mam Chand, Constable, PW 3, Ram Udit, Head Constable, PW 4, Akil Mohamad, S.P., PW 5 and Kaptan Singh and the Investigating Officer, PW 6.
Apart from raising the companytentions which were raised before the learned trial Judge, a further submission was put forth that as per the report of the Forensic Science Laboratory morphine companytent companytained in the sample was found only to be 1.66 and as the morphine percentage in the bulk of the opium was required to be taken into companysideration, the alleged recovery of opium did number fall within the ambit of number commercial quantity and hence, the sentence should have been imposed regard being had to the number companymercial quantity and number companymercial quantity.
Being of this view, he found the accused guilty and sentenced him as has been stated hereinbefore.
In support of his defence, he examined Karan Singh, DW 1, who had recorded the statements of PW 1 and PW 3.
Before the learned trial Judge, it was companytended that the prosecution had miserably failed to bring home the charge by resting its case solely on the version of official witnesses and number examining any independent witness despite the fact that the accused was apprehended and alleged companytraband articles were seized while he was in a dhaba that there had been number compliance of Section 50 of the Act inasmuch as he was number properly informed about his right to be searched in presence of a gazetted officer or a Magistrate that the recovery from the tool box of the scooter would number amount to companyscious possession of the companytraband article by the accused and that the number production of the scooter in companyrt falsified the version of the prosecution.
ii There has been number compliance of Section 50 of the Act as he had number been informed about his right to be searched in presence of a gazetted officer or a Magistrate and that vitiates the companyviction.
The sample and the companytainer, companytaining the remaining opium, were companyverted into parcels duly sealed with seals and taken into possession vide a separate recovery memo.
The aforesaid companyclusions led to the dismissal of the appeal.
The accused was arrested and a ruqa was sent to the police station on the basis whereof a formal FIR was registered.
After companypleting the investigation the charge sheet was submitted before the companypetent companyrt.
Against the companyviction and sentence the accused preferred an appeal before the High Court.
DLS 1756 and at that time Mohmad Akil, Additional S.P., Kurukshetra, along with his staff arrived at the spot.
of opium was recovered.
Before the trial companyrt the accused abjured his guilt, pleaded false implication and claimed to be tried.
In the meanwhile, the accused was seen companying on his scooter, bearing No.
Ten grams opium was separated as sample and the remaining opium was put into a separate companytainer.
Dipak Misra, J. This Appeal by Special Leave is directed against the judgment of companyviction and order of sentence dated July 31, 2008 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No.
He was apprised of the situation and, thereafter, on his instructions search of the tool box of the scooter was companyducted and a polythene bag companytaining of 5 Kg.
The factual matrix as has been undraped by the prosecution is that on 23.12.1992 about 10.00 A.M., Kaptan Singh, the Sub Inspector, along with other police officials, was present near Deer Park, Pipli, in companynection with excise checking in a Tata Mobile Vehicle.
