Criminal Appeal No. 447-SB of 1995 1 In the High Court of Punjab and Haryana, Chandigarh. Criminal Appeal No. 447-SB of 1995 Date of Decision: 25.01.2008. Babu Singh and Another …Appellants Versus State of Haryana …Respondent CORAM: HON’BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. G.S.Sidhu, Advocate for the appellants. Ms. Shalini Attri, Assistant Advocate General, Haryana, for the State. Kanwaljit Singh Ahluwalia, J. The present appeal has been filed by Babu Singh, son of Naib Singh and Gian Chand son of Kishori Lal, both residents of Village Mithri, Police Station Sadar, Dabwali. They are aggrieved against the judgment and order dated 5.7.1995 passed by learned Additional Sessions Judge, Sirsa, who found them in possession of seven gunny bags containing 40 kgms. each of poppy straw and held that they have committed offence punishable under Section 15 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as `the Act') and sentenced them to undergo rigorous imprisonment for ten Criminal Appeal No. 447-SB of 1995 2 years each and to pay fine of Rs.1,00,000/- each and in default of payment of fine, to further undergo rigorous imprisonment for two years. Both the appellants were named as accused in case FIR No. 246 dated 26.7.1991 registered at Police Station Kalanwali under Section 15 of the Act. Case set up in the FIR is that PW.4 Bhagwan Dass, who was then posted as Sub Inspector/Station House Officer of Police Station Kalanwali along with his companion police officials was present on 26.7.1991 for nakabandi at 'T' point on Kalanwali-Dabwali Road when he intercepted a Jeep bearing registration No. HR-24-3533 . He has stated in the FIR that on seeing a police party coming close, an attempt was made to reverse the Jeep and on the front seat of Jeep two persons were sitting and they were apprehended, who disclosed their particulars regarding name, parentage and residents as Gian Chand son of Kishori Lal and Babu Singh son of Naib Singh, both residents of Village Mithri, Police Station Sadar, Dabwali. It is further stated that Sub Inspector/Station House Officer, served them notice and gave them an offer to get them searched from a Gazetted Officer or a Magistrate. They reposed confidence in him for getting themselves searched. From the Jeep, seven gunny bag containing 40 kgms. of poppy straw were recovered. After the investigation, report under Section 173 Cr.P.C. was submitted. The appellants were committed to the Court of learned Additional Sessions Judge, Sirsa, who framed charges against them under Section 15 of the Act, to which both of them pleaded not guilty and claimed trial. Prosecution has examined four witnesses. Criminal Appeal No. 447-SB of 1995 3 PW.1 is Budhi Parkash, Moharrir Head Constable and he has tendered his affidavit as Ex.PA. In cross-examination, he has stated that the entry regarding all the articles were made in Register No. 19. PW.2 is Pokhar Ram, Constable. He has also tendered his affidavit Ex.PB. PW.3 Assistant Sub Inspector Balwan Singh, who was present along with PW.4 Bhagwan Dass, Sub Inspector. He has given details of the investigation carried, search conducted and recovery effected. He has further stated that no witness from the general public was taken during nakabadi. They had left the police station for nakabandi at 7.00 P.M. PW.4 Bhagwan Dass, Sub Inspector, was also examined regarding the deposit of contraband i.e. poppy straw to Moharrir Head Constable. The defence has failed to make any dent in the cross- examination. Thereafter, all the incriminating evidence was put to the accused in their statement recorded under Section 313 Cr.P.C. Babu Singh stated that he is a friend of Gian Chand and being a supporter of Lok Dal party, they have been falsely implicated. Gian Chand has stated that he being a supporter of Lok Dal party has been falsely implicated at the instance of workers of Congress (I). In defence, they examined Virender Garg, English Clerk, Sessions Court, Sirsa, that they had sent the telegram Ex. DA and Ex. DB, respectively. DW.2 Ajaib Singh has stated that the appellants have been falsely implicated at the instance of workers of Congress (I). Criminal Appeal No. 447-SB of 1995 4 DW.3 Rajeshwar Kumar, Moharrir Head Constable has stated that there is no entry of deposit of FSL form in register No. 19. I have heard Mr. G.S.Sidhu, Advocate, appearing for the appellants and Ms. Shalini Attri, learned Assistant Advocate General, Haryana, for the State and perused the recorded. Mr. Sidhu has stated that the appellants have been falsely implicated at the instance of Congress (I) and no independent witness has been examined. He further stated that there is no entry of FSL form in register No. 19, therefore, FSL form was not filled. It has been further contended before me that two telegrams Ex.DA and Ex. DB, respectively, were given by Gian Chand to say that they have been falsely implicated in the case and they were taken into custody on 25.7.1991 and recovery was effected on 26.7.1991 at 9.15 P.M. and the case was registered at 10.15 P.M. In the present case, evidence of PW.3 Assistant Sub Inspector Balwan Singh and PW.4 Bhagwan Dass, Sub Inspector/Station House Officer, inspire confidence. No foundation has been laid to assail their testimony. Minor discrepancies occurred on the part of prosecution itself will not entitle the appellants to acquittal. Recovery of seven bags from a Jeep, which had been intercepted in nakabandi at about 9.00 P.M. in the night cannot be ignored simply because no independent witness has been examined. The testimony of both PW.3 Assistant Sub Inspector Balwan Singh and PW.4 Bhagwan Dass, Sub Inspector/Station House Officer, is not assailed and no enmity of the appellants with these police officials has been pleaded or has been stated. It is very convenient and easy to state that the Criminal Appeal No. 447-SB of 1995 5 appellants being supporters of one political party, have been falsely implicated in this case at the instance of other political party. I find no merit in the instant appeal and the same is dismissed. (Kanwaljit Singh Ahluwalia) Judge January 25, 2008 “DK”