Case: Dilbagh Singh Vs. State Of Punjab

2. The appellant, faced with concurrent determinations culminating in his conviction along with another, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the Act") is before this Court seeking redress. Whereas the Trial Court, upon the entering finding of guilt had sentenced the accused persons with rigorous imprisonment for 10 years and six months each and fine of Rs. 1 lac each with default sentence of rigorous imprisonment for one year, the High Court in appeal has confirmed the verdict in toto by the decision impugned herein.3. The prosecution case unfolds with the interception of the appellant and the co-accused Ranjit Singh by the patrol party on 28.08.2007 while they were travelling in a car bearing registration No.MH-04BS-1651 at the check point at Khanauri Patran. One Baaj Singh, apart from the police party was then present. The appellant and his companion, on being interrogated, disclosed their names. Their car on search revealed six bags stuffed with Poppy Husk.4. The Investigation Officer, A.S.I. Satnam Singh introduced himself and apprised the appellant and the co-accused of their right to be searched in the presence of a Gazetted Officer or a Magistrate if they so desired but they declined and instead reposed confidence in him. After recording their consent in writing the car was searched in presence of the other members of the patrol party as well as Baaj Singh and in course thereof three bags each from the rear seat and the dicky, containing Poppy Husk were recovered. Samples were taken and sealed with specimen impression of the Investigating Officer. On weighment of the remaining Poppy Husk, the contraband weighed 34 kg. 800 gms in each bag minus the samples taken. Personal search of the appellant and the co-accused yielded currency of Rs. 225/- and Rs. 150/- respectively which were also seized. The information of the exercise was forwarded to the police station on which a formal FIR was lodged.5. The sealed samples as well as the contraband as a whole were deposited in the malkhana and were also produced before the concerned Magistrate on the next date along with the accused persons. The sample on chemical examination by the Forensic Science Laboratory disclosed the same to be of Poppy Husk. Eventually, on completion of the investigation challan was submitted and the appellant and the co-accused were made to face trial under Sections 15 and 25 of the Act, as they pleaded "not guilty".6. In support of the charge, the prosecution examined PW-1/Constable Ravinder Singh, PW-2/S.I. Jaswinder Singh, PW-3/M.H.C. Shamsher Singh, PW- 4/A.S.I. Satnam Singh, PW-5/H.C. Darbara Singh and PW-6 Parminderpal Singh, who had participated in the entire drill.7. All the incriminating circumstances were laid before the accused persons in course of their examination under Section 313 Cr.P.C. and they denied the correctness thereof and complained of false implication.8. The Trial Court on a consideration of the evidence on record and after analysing the rival contentions held the charge to be proved and convicted and sentenced both the accused persons as above. The appellant unsuccessfully challenged the conviction and sentence before the High Court.

Reasoning: This is more so as the contraband in the case in hand had been recovered from inside the car in which the petitioner and the co-accused were travelling at the relevant point of time and not in course of the search of their person. Noticeably, it had also not been the plea of the defence ever that the alleged seizure according to the accused persons had been from their person. In the contextual facts therefore, Section 50 has no application to espouse the cause of the defence.14. Qua the imputation of non-adherence of the requisites of Section 57 of the Act, suffice it to note that both the Courts below, on an analytical appreciation of the evidence on record have concurrently concluded that the Investigating Officer at the site, had after the arrest of the accused persons and or seizure of the contraband forwarded the information with regard thereto to his higher officer, namely, Deputy Superintendent of Police without any delay and that the related FIR with the necessary endorsements therein had reached the Ilaka Magistrate on the same date i.e. 28.08.2007 at 9 p.m. There is no evidence forthcoming or referred to by the learned counsel for the petitioner to either contradict or decimate this finding based on records. In this view of the matter as well, the assertion of non-compliance of Section 57 of the Act does not commend for acceptance. In our view, having regard to the facts available, the requirements of Section 57 of the Act had been duly complied with as well.Be that as it may, having regard to the evidence available attesting the compliance of the requisites of Section 57 of the Act in the instant case, we need not be detained by this issue in praesenti.18. Aside the above, an appraisal of the testimony of the prosecution witnesses and in particular of PW-4 ASI/Satnam Singh and PW-5 HC/Darbara Singh, the seizure witnesses, fully substantiate the recovery of the contraband i.e. Poppy Husk from the conscious possession of the accused persons. That the samples were properly sampled, sealed and forwarded to the Forensic Science Laboratory through Malkhana also stands established. The certificate of the Chemical Examiner, FSL to the effect that the seal of the samples was found intact and that the same tallied with the specimen seals also rules out the possibility of any tampering therewith. The fact that the contraband was recovered from the car while the same was being driven by one of the accused persons in the company of the other also authenticate the charge of their conscious possession thereof. The haul of six bags of Poppy Husk is substantial so much so that it negates even the remote possibility of the same being planted by the police. Furthermore no evidence with regard to bias or malice against the Investigating Agency has been adduced.19. In the wake of the above, we are of the unhesitant opinion in the face of the evidence on record, that the prosecution has been able to prove the charge against the accused persons beyond all reasonable doubt. The Courts below have appreciated the materials on record in the correct legal and factual perspectives and the findings recorded do not merit any