Balbir Kaur vs State Of Punjab

2. The facts stated in brief are that on 19.12.1988, Sub Inspector Uttam Singh along with ASI Kasturi Lal and other police officials, was going from village Shambu to Village Tepla, Rajgarh and Ram Nagar Sainia, for patrol duty and when the police party reached near the turning of Village Darian, the appellant was found sitting on two bags. It is alleged that on seeing the police party, the appellant turned her face towards her village. Due to the conduct and behaviour of the appellant and on suspicion, Sub Inspector Uttam Singh asked her about the contents of the bags. She replied by stating that the bags contained poppy husk. It was also alleged that in the meanwhile, Rajwant Pal Singh, an independent witness came there and he also joined the police party. It is alleged that then Sub Inspector Uttam Singh gave option to the accused whether she wanted to be searched before the Gazetted Officer or Magistrate to which she replied that she wanted to be searched before a Gazetted Officer and by a lady. Upon this Sub Inspector Uttam Singh sent wireless message to D.S.P. Harcharan Singh Bhullar and also requested for presence of a lady 2 constable. In the meanwhile, D.P.S. Harcharan Singh Bhullar alongwith Charanjit Kaur, a lady SPO came to the aforesaid place. D.P.S. Harcharan Singh Bhullar thereafter disclosed his identity and that of lady SPO to the appellant. Then SI Uttam Singh conducted the search and both the bags were found to contain poppy husk, and therefore, two samples of 250 gms each from both the bags were taken out as samples. The first bag contained 30 kg 500 gms whereas the second bag contained 29 kgs. 500 gms of poppy husk. Sample parcels and the bags were sealed and then after completing the necessary formalities the SI Uttam Singh arrested the accused and recorded the statement of the witnesses. SI Uttam Singh thereafter deposited the case property with the MHC Gurmail Singh and on receipt of the report of the Chemical Examiner and on completion of other necessary investigation formalities, charge sheet against the appellant was presented. The court framed charges against the appellant and the case was put down for trial of accused.

3. During trial, the prosecution examined a number of witnesses. The statement of the appellant was also recorded under Section 313 of the Criminal Procedure Code, 1973 (in short "the CrPC") wherein she denied the charges and stated that she was innocent. In her defence, Rajwant Pal Singh (DW-1) and Budh Kaur (DW-2) were examined. The trial court 3 thereafter examined the records including the depositions of all the witnesses and after examination of the records passed its Judgment and Order dated 20.02.1999 holding that the prosecution has been able to prove its case beyond reasonable doubt. The court held that on 19.02.1998 the appellant was found in possession of two bags containing 61 Kgs of poppy husk without any permit or licence. Consequently, the trial court held the appellant guilty under Section 15 of the NDPS Act and passed an order of conviction. Thereafter, the trial court heard the appellant on the question of sentence. After hearing the parties, the trial court sentenced the appellant to undergo minimum sentence of rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1 lac under section 15 of the NDPS Act and in default thereof to undergo rigorous imprisonment for another period of two years.

4. Being aggrieved by the aforesaid order, the appellant filed an appeal before the High Court of Punjab and Haryana challenging the aforesaid order of conviction and sentence. The High Court after hearing the parties passed the Judgment and Order on 15.05.2008 whereby the High Court upheld the Judgment and Order passed by the trial court after dismissing the appeal filed by the appellant herein.

16. Above being the position, the finding regarding non- compliance with Section 50 of the Act is also without any substance."

14.In this view of the matter, we find no merit in this appeal. Accordingly, the appeal is dismissed.

................................J. (Dr. Mukundakam Sharma) .............................J. (Dr. B.S. Chauhan) New Delhi, July 7, 2009 13