Case: Ajmer Singh Vs. State Of Haryana

2) The factual matrix of the case is as under : That on 24.1.1996, ASI Maya Ram accompanied by other police officials, namely, Head Constable Raja Ram and Constables Gian Chand and Shyam Singh was on patrol duty. The said police party was present near the Markanda Bridge when the accused along with another person Randhir Singh were seen coming from the side of Ismailabad. On seeing the police party, the appellant and other person Randhir Singh made an attempt to turn back and escape. However, the police over-powered them as their activities were found suspicious. Thereafter, they were served with a notice under Section 50 ofthe Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) vide memo (Ex.PD) giving an option to them to be searched either by the Gazetted officer or the Magistrate. They signed the memo by making the choice to be searched by the Gazetted officer and they were arrested by the Head Constable Raja Ram and C-1 Gian Chand. Both of them were produced before the then D.S.P., Pehowa, Shri Paramjit Singh Ahalawat who is a Gazetted Officer, and on his direction, the bag that they were carrying was searched before him. The bag that was carried by the appellant on his shoulder was found to be containing 500 grams of charas wrapped in wax paper. Out of that, 50 grams of charas was taken as sample. Thereafter, the sample and residue were sealed separately with seal MR of the Investigating Officer and PSA of the D.S.P. Seal MR was handed over to HC Raja Ram while seal PSA was retained by the D.S.P. himself. FIR was registered being Case F.I.R. No. 14 dated 24.1.1996 and the property was taken into possession by drawing a mahazar. The rough site plan was also prepared and the accused was arrested after informing the grounds of arrest. The statements of witnesses were recorded and challan was issued on receipt of the report of the Chemical Examiner Exhibit PH. The accused was charge-sheeted under Section 20 of the Act and he pleaded not guilty and claimed trial. The other person who was also apprehended on the same day, was also charge-sheeted and tried separatelyCASE OF PROSECUTION BEFORE THE TRIAL COURT:3) The prosecution examined Constable Balkar Singh PW-1, MHC Som Nath PW-2, DSP Paramjit Singh Ahalawat PW-3, Head Constable Raja Ram PW-4, ASI Maya Ram PW-5 and SI Dilpanjir Singh PW-6. The prosecution also got market the Chemical Examination Report and closed the prosecution evidence. The accused was called upon to lead evidence in defence, if any. The statement of the accused under Section 313 of the Criminal Procedure Code was recorded by putting incriminating evidence against him. Being confronted with incriminating circumstance appearing against him, the accused pleaded innocence and false implication4) The case of the appellant before the Sessions Court :a) that there was no strict compliance of the Section 50 of the Actb) independent witnesses not joined and associated during the searchc) that the accused was falsely implicated in the caseDECISION OF SESSIONS COURT:5) The Additional Session Judge has observed that the accused was given an option, whether he should be searched by a Gazetted officer or a Magistrate and after obtaining his option, he was produced before Deputy Superintendent of Police, who is a Gazetted Officer and on his direction the accused was searched and, therefore, there is compliance of Section 50 of the Act. Secondly, the prosecution has shown that there were enough efforts taken by the Investigation Officer to implead independent witness. Thirdly, there has been no missing link in the evidence and thus the prosecution has been able to prove the case beyond reasonable doubt that the accused "retained in his conscious possession 500 grams of charas without any permit or license on 24.1.1996". Thus, the accused was held guilty under Section 20 of the Act and was convicted vide judgment dated 5.11.1996. The accused was sentenced to undergo rigorous imprisonment for a period of ten years and a fine of Rs. 1,00,000/- (Rupees one lac). In default of payment of fine, to further undergo rigorous imprisonment for another one yearAPPEAL BEFORE THE HIGH COURT:6) Feeling aggrieved by the decision of Additional Session Judge, Kurukshetra, the accused preferred Criminal Appeal No. 926-SB of 1997 before the High Court of Punjab and Haryana7) Apart from reiterating the contentions canvassed before the learned Sessions Judge, the learned counsel for the accused-appellant had also contended that there was delay of 15 days in sending the sample for chemical examination to FSL, Madhuban (Karnal) and no explanation is given by the prosecution for the delay caused. The High Court while considering this issue has concluded that the delay is properly explained by the prosecution. It has further observed that, the statement of the witnesses and the report of the FSL, Madhuban shows that the sample was received in sealed cover and there was no tampering of the sample, and therefore, the said FSL, Madhuban Report must be held to have full evidentiary value.

Reasoning: 23) What can be inferred from the above decision is, that for applying the principle of parity both the accused must be involved in same crime and must be convicted in single trial, and consequently, a co-accused is one who is awarded punishment along with the other accused in the same proceedings. However, we are unable to apply the principle of parity to the present case as the record show that the accused Randhir Singh was convicted vide a separate trial arising out of a separately registered F.I.R. Merely because the accused Randhir Singh happened to be searched on 24.1.1996 before the same gazetted officer i.e. D.S.P., Pehowa, Shri Paramjit Singh Ahalawat, he cannot be said to be a co-accused in the present case. Further, the sentence of accused Randhir Singh was altered by the Punjab and Haryana High Court vide a separate judgment dated 3.12.2002 arising out of a separate appeal being Criminal Appeal No. 855-57 of 1999. Therefore, we do not find any merit in the contention canvassed by learned counsel for the appellant.