High Court Punjab-Haryana High Court

State Of Haryana vs Gurvinder And Another on 23 March, 2009

Punjab-Haryana High Court
State Of Haryana vs Gurvinder And Another on 23 March, 2009
      IN THE HIGH COURT OF PUNJAB & HARYANA
                   AT CHANDIGARH


                                 Criminal Misc.No. 125-MA of 2009

                                 Dated of Decision:- March 23, 2009


State of Haryana                      ....APPELLANT


                                  VERSUS


Gurvinder and another                 ....RESPONDENT


CORAM:      HON'BLE MR. JUSTICE MEHTAB S.GILL
            HON'BLE MRS. JUSTICE DAYA CHAUDHARY


Present:-   Mrs Ritu Punj, Senior Deputy Advocate General, Haryana.

                        ------


MEHTAB S.GILL, J.

State has filed an appeal under Section 378(3) Cr.P.C. against

the judgment dated 1.12.2008 of the learned Addl. Sessions Judge, Hisar,

whereby he acquitted Gurvinder son of Pritam Singh and Bhola Singh son

of Pritam Singh of the charge framed against them.

The case of the prosecution is that on 25.7.2007 at about 8.30

p.m. ASI Jagmal Singh along the police party reached Sisaipul Hansi for

checking of the vehicles. A car bearing No. UP-07K-2025 make Opel was

spotted coming from the opposite side of Char Kutub Gate, Hansi. It was

stopped. The driver disclosed his name Gurwinder Singh son of Pritam

Singh and the person sitting with him disclosed his name as Bhola Singh

son of Pritam Singh. The vehicle was searched and two plastic bags from
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Criminal Misc.No. 125-MA of 2009

the rear seat and one from dickey were found. Two samples of 100 gram

each were taken from each bag and thereafter each bag weighed 31 Kg. 800

gms. FIR was registered. After completion of the investigation, challan was

presented.

The prosecution to prove its case brought into the witness box,

Suresh Kumar HC PW1, Raghbir Singh retired SI PW2, Jai Bhagwan HC

PW3, Inder Singh Inspector PW4, EASI Shish Ram PW5, Constable

Virender PW6 and SI Jagmal Singh PW7.

Learned counsel for the State has argued, that seven witnesses

were produced by the prosecution in the trial Court and the case of the

prosecution was proved by these witnesses. 96 Kg of chura post was kept

consciously in the possession of the respondents without a permit. These

witnesses have corroborated each. An offence under Section 15 of the

Narcotic Drugs and Psychotropic Substances Act, 1985 is made out against

the respondents.

We have heard the learned counsel for the State and perused

the impugned judgment.

The place of occurrence was a thorough fare, but no

independent witness was joined, nor any explanation coming from the side

of the Investigating Officer as to why efforts were not made to join an

independent witness. Shish Ram EASI PW5 to whom allegedly the case

property was deposited with by the Investigating officer, has stated that the

case property was deposited at 5.00/6.00 p.m. The Investigating Officer

Jagmal Singh SI PW7 has stated, that the respondents were arrested at 8.30

p.m. on 25.7.2007 and the police came at the police station at 10.00/11.00

p.m. There is contradiction in the timings, when the case property was
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deposited. The link evidence is totally missing and there is ample

opportunity of tampering with the case property. Shish Ram PW5 has

stated, that the samples were sent back by the Forensic Science Laboratory

with an objection that the seals were broken. Seals were again affixed and

thereafter samples were sent to the FSL. There is delay of 25 days in

sending the samples to the Forensic Science Laboratory.

We do not find any infirmity in the judgment of the learned

trial Court.

Dismissed.



                                            (MEHTAB S.GILL)
                                                JUDGE



                                         (DAYA CHAUDHARY)
March 23, 2009                                  JUDGE
SKArora