IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Appeal No. 884-SB of 2002 Date of decision: 28th April, 2009 Jai Singh … Appellant Versus State of Punjab … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. R.K. Girdhar, Advocate for the appellant. Mr. Mehardeep Singh, Assistant Advocate General, Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Jai Singh son of Pokhar Singh was named as accused in case FIR No. 195 dated 11.12.1996 registered at Police Station Sadar, Abohar under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Mr. R.K. Girdhar appearing for the appellant has stated that 2 kg of opium was recovered from the appellant. Case of the prosecution is that on 11th December, 1996, ASI Gurtej Singh along with other police officials was on patrolling duty. When he reached near pathway of village Lambi canal in the are of village Wazidpur, then appellant was spoted coming from the front side, on foot. On seeing the police party, the appellant became perplexed and wanted to turn back when he was apprehended by the police party on the basis of suspicion. An offer was made to the appellant to get himself searched from Criminal Appeal No. 884-SB of 2002 the Gazetted Officer or from the Magistrate. The appellant exercised his option and submitted that he wanted to get himself searched from the Gazetted Officer. A wireless message was flashed and Mr.S.K.Asthana, ASP Abohar was requested to come at the spot. In the presence of Mr.S.K. Asthana, ASP, recovery of 2 kg opium was effected from the appellant. Mr. R.K. Girdhar, appearing for the appellant has submitted that he will not be in a position to assail the conviction of the appellant as deposition of PW-2 HC Kashmir Singh and PW-4 ASI Gurtej Singh, establish that necessary procedure regarding search, seizure and recovery was followed by the police officials. PW-3 Mr. S.K. Asthana, who was then posted as ASP Abohar, has also corroborated the testimony of PW-2 HC Kashmir Singh and PW-4 ASI Gurtej Singh. Counsel for the appellant has submitted that in the present case, recovery was effected on 11th December, 1996 and the appellant has already suffered a protracted trial of more than 12 years. It has further been submitted that appellant has already undergone 2 years and 6 months of his actual sentence. The appellant was sentenced to five years rigorous imprisonment by trial Court, along with a fine of Rs.10,000/-, in default of payment of fine to further undergo rigorous imprisonment for six months. Counsel for the appellant has further submitted that the appellant has not committed any offence prior to the registration of the case or thereafter. Taking into consideration that recovery effected from the appellant was non-commercial, he has suffered a protracted trial of more than 12 years and has undergone 2 years and 6 months, sentence awarded upon the appellant by the trial Court is reduce from 5 years to 2 ½ years rigorous imprisonment, however sentence of fine is enhanced 2 Criminal Appeal No. 884-SB of 2002 from Rs.10,000/- to Rs.30,000/-. In default of payment of fine, appellant shall further undergo rigorous imprisonment for one year. With these modifications in the sentence, present appeal is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE April 28, 2009 rps 3