{"id":111536,"date":"2008-11-20T00:00:00","date_gmt":"2008-11-19T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/inderjeet-vs-state-of-haryana-on-20-november-2008"},"modified":"2018-06-06T06:14:18","modified_gmt":"2018-06-06T00:44:18","slug":"inderjeet-vs-state-of-haryana-on-20-november-2008","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/inderjeet-vs-state-of-haryana-on-20-november-2008","title":{"rendered":"Inderjeet vs State Of Haryana on 20 November, 2008"},"content":{"rendered":"
Punjab-Haryana High Court<\/div>\n
Inderjeet vs State Of Haryana on 20 November, 2008<\/div>\n
Crl.A.No.863-DB of 2003                                        -1-\n\n\n        IN THE HIGH COURT OF PUNJAB AND HARYANA AT\n                    CHANDIGARH.\n\n\n                            Crl.A.No.863-DB of 2003\n\n                            Date of Decision: November 20, 2008\n\n\nInderjeet                                             .......Appellant.\n\n                   Versus\n\nState of Haryana                                      .......Respondent\n\n\n\nCORAM:- HON'BLE MR.JUSTICE K. S. GAREWAL\n        HON'BLE MR.JUSTICE JITENDRA CHAUHAN\n\n\n\nPresent:     Mr.Gorakh Nath, Advocate\n             for the appellant.\n\n             Mr.SS Randhawa, Additional Advocate General, Haryana.\n\n                        ---\n\n\nJITENDRA CHAUHAN, J.\n<\/pre>\n
1.           The present appeal is directed against judgment         and order<\/p>\n
dated 13.9.2003 passed by the Additional Sessions Judge, Fatehabad<\/p>\n
whereby      the accused-appellant has been convicted for the offence<\/p>\n
punishable    under Section 18(b) of the Narcotic Drugs & Psychotropic<\/p>\n
Substances Act, 1985 (hereinafter referred to as “the Act”) and sentenced<\/p>\n
thereunder to undergo rigorous imprisonment for a period of twelve years<\/p>\n
and to pay a fine of Rs.1 lac and in default of payment of fine further<\/p>\n
rigorous imprisonment for two years.\n<\/p>\n
2.           Accused-appellant was apprehended on the basis of suspicion<\/p>\n
when the police was patrolling in the area of village Thirvi on 24.9.2001.
\n Crl.A.No.863-DB of 2003                                       -2-<\/span><\/p>\n
The accused was carrying a plastic drum. A written notice was served upon<\/p>\n
the accused to the effect that drum carried by him was suspected to be<\/p>\n
containing some narcotic substance. An offer was made to the accused to<\/p>\n
get the search conducted either by a Gazetted Officer or a Magistrate who<\/p>\n
could be summoned on the spot. Accused Inderjeet expressed his desire to<\/p>\n
be searched before a Gazetted Officer.\n<\/p>\n
3.          A wireless message was sent to the DSP Headquarters,<\/p>\n
Fatehabad. DSP Shri Ashok Kumar reached the spot along with his staff.<\/p>\n
Opium, weighing 20 kgs., was recovered from the drum being carried by<\/p>\n
the accused.   Two samples of 50 grams each were taken out from the<\/p>\n
recovered substance and kept in small plastic containers. The samples and<\/p>\n
the remainder narcotic substance were sealed with the seal of ‘KS’ and taken<\/p>\n
into possession vide recovery memo.       The samples were sent to Forensic<\/p>\n
Science Laboratory for chemical examination.        One Mohinder Singh was<\/p>\n
joined as an independent witness.\n<\/p>\n
4.          Accordingly, a ruqa was sent by SI Kanwar Singh, SHO, at<\/p>\n
8.40 P.M. to the Police Station Sadar, Tohana, for registration of an FIR.<\/p>\n
The FIR was registered under Section 18 of the Act by ASI Jai Narain.<\/p>\n
Special report was sent to the Illaqa Magistrate.<\/p>\n
5.          The accused was charge-sheeted on 2.5.2000 by the learned<\/p>\n
Additional Sessions Judge, Fatehabad for the offence punishable under<\/p>\n
Section 18 of the Act.\n<\/p>\n
6.          To establish its case, the prosecution examined as many as<\/p>\n
seven witnesses. However, the material witnesses are PW4 ASI Jai Narain<\/p>\n
who recorded the FIR; PW5 DSP Ashok Sheoran, in whose supervision the<\/p>\n
search was carried out and the narcotic substance was recovered from the
\n Crl.A.No.863-DB of 2003                                       -3-<\/span><\/p>\n
accused-appellant and PW6-SI Kanwar Singh, who apprehended the<\/p>\n
accused and investigated the case.\n<\/p>\n
7.          After the conclusion of prosecution evidence, the statement of<\/p>\n
the accused was recorded under Section 313 of the Code of Criminal<\/p>\n
Procedure without oath. In answer to question No.12, the accused-appellant<\/p>\n
pleaded innocence and stated that a false case had been registered against<\/p>\n
him and nothing was recovered from his possession.<\/p>\n
8.          On behalf of the appellant, it was argued that Mohinder Singh,<\/p>\n
the only   witness from the public, in whose presence the search was<\/p>\n
conducted and the contraband recovered, was given up by the prosecution.<\/p>\n
The witness ought to have been examined and if necessary, cross-examined<\/p>\n
by the prosecution and the non-examination of the said witness was fatal to<\/p>\n
the case of prosecution.\n<\/p>\n
9.          It was further submitted that the investigation of the present<\/p>\n
case was confined to the Police Department. The Investigating Officer<\/p>\n
ought to have joined a Gazetted Officer of the Department other than the<\/p>\n
Police Department. The appellant was totally illiterate and no notice under<\/p>\n
Section 50 of the Act was read over and explained to him nor the alleged<\/p>\n
reply of the accused was read over and explained to him. Thus, a great<\/p>\n
prejudice was caused to the appellant. The learned counsel further stated<\/p>\n
that there was a delay of nine days in sending the samples to the laboratory.<\/p>\n
The recovery was effected on 24.9.2001 and the samples were sent to the<\/p>\n
Forensic Science Laboratory on 3.10.2001.        No explanation has been<\/p>\n
recorded as to why the samples were not dispatched immediately on<\/p>\n
24.9.2001 itself. In this manner, there was no compliance of provisions of<\/p>\n
Section 50 of the Act.\n<\/p>\n
 Crl.A.No.863-DB of 2003                                          -4-<\/span><\/p>\n
10.          On the other hand, learned State counsel has argued that the<\/p>\n
provisions of Section 50 of the Act were complied with. An effort was<\/p>\n
made to join an independent witness, who was, subsequently, given up by<\/p>\n
the prosecution on account of his being won over by the accused-appellant.<\/p>\n
11.          As there is an absolute consistency in the testimony of PW4,<\/p>\n
PW5 and PW6, the same cannot be disbelieved only on account of the fact<\/p>\n
that they happened to be the official witnesses. The evidence led by the<\/p>\n
prosecution was a quality evidence.         There was no motive or enmity<\/p>\n
attributed to the police officials for false implication of the accused.<\/p>\n
12.          There was complete compliance of the procedure at the time of<\/p>\n
search and seizure of the accused. The search and seizure was completed<\/p>\n
under the supervision of the DSP who is a Gazetted Officer of the State.<\/p>\n
Though there was a delay of nine days in sending the samples to the<\/p>\n
laboratory, but as per FSL report, Exhibit P14, the seals of the samples at<\/p>\n
the time of handing over to the laboratory were intact and the substance of<\/p>\n
the sample was found to be of opium.\n<\/p>\n
13.          There is complete corroboration in the versions of PW4 ASI<\/p>\n
Jai Narain, who recorded the FIR, PW5 DSP Ashok Sheoran, under whose<\/p>\n
supervision the process of search and seizure was completed and PW6-SI<\/p>\n
Kanwar Singh fully corroborated the circumstances, the delay in sending<\/p>\n
samples, if any, assumes no significance.\n<\/p>\n
14.          PW6 SI Kanwar Singh stated that he served notice, Exhibit<\/p>\n
P10, under Section 50 of the Act to the appellant; prepared the report under<\/p>\n
Section 57 of the Act on the same day and sent the same to DSP Ashok<\/p>\n
Kumar at the spot itself and the cane containing opium was recovered from<\/p>\n
the possession of the accused.\n<\/p>\n
 Crl.A.No.863-DB of 2003                                          -5-<\/span><\/p>\n
15.            We have heard the learned counsel for the parties and perused<\/p>\n
the records.\n<\/p>\n
16.            Admittedly, the quantity of the contraband is heavy. There is<\/p>\n
no allegation of malafide by the appellant. An independent witness was<\/p>\n
joined by the police during search and seizure. However, he had to be given<\/p>\n
up as he was won over by the appellant. It is a case of chance recovery.<\/p>\n
The appellant had given option for being searched by the Gazetted Officer.<\/p>\n
The search was carried out under the supervision of the Gazetted Officer of<\/p>\n
the State. There is a consistency in the statements of PW4, PW5 and PW6<\/p>\n
that DSP reached on the spot at about 7.15\/7.20 P.M.            The FIR was<\/p>\n
promptly registered. The irregularity that the samples were not immediately<\/p>\n
sent to the Forensic Science Laboratory is also not fatal in view of FSL<\/p>\n
report, Exhibit P14, wherein it has been specifically recorded that the<\/p>\n
samples were received intact and the contents of the samples were found to<\/p>\n
be of opium.\n<\/p>\n
17.            What is clinching in the present case was that the opium<\/p>\n
recovered from the possession of the accused was produced in the Court<\/p>\n
and was exhibited as Exhibit P9. The quantity being very heavy and there<\/p>\n
being no allegation of malafide by the appellant, the plea of false plantation<\/p>\n
of recovery stands ruled out.\n<\/p>\n
18.            The Hon’ble Supreme Court in Hardip Singh Vs. State of<\/p>\n
Punjab, 2008(4) RCR (Criminal) 97 dealing with the delay of sending the<\/p>\n
samples to chemical analysis observed as under:<\/p>\n
                     “So far as the question of delay in sending the samples of<\/p>\n
               opium to be Forensic Science Laboratory (FSL) is concerned,<\/p>\n
               the same in our opinion has no consequence for the fact that the
\n Crl.A.No.863-DB of 2003                                       -6-<\/span><\/p>\n
           recovery of the said sample from the possession of the<\/p>\n
           appellant stands proved and established by cogent and reliable<\/p>\n
           evidence led in the trial. PW5 has categorically stated and<\/p>\n
           asserted about the recovery of opium from the possession of the<\/p>\n
           appellant, which fact is also corroborated by a higher officer,<\/p>\n
           namely, SS Mann, DSP who was also examined at length<\/p>\n
           during the trial. The said recovery was effected in the presence<\/p>\n
           of the said SS Mann, DSP, as senior police officer, who also<\/p>\n
           put his seal on the said parcels of opium. The then Station<\/p>\n
           House Officer, Inspector Baldev Singh, who was examined as<\/p>\n
           PW1, was posted at Police Station Ajnala on the date of<\/p>\n
           occurrence. He received the said samples of opium along with<\/p>\n
           case material, being produced before him by PW5. It has come<\/p>\n
           on evidence that Inspector Baldev Singh kept the entire case<\/p>\n
           property with him till it was deposited kin the office of the<\/p>\n
           Chemical Examiner, Amritsar on 30.9.1997 through ASI<\/p>\n
           Surinder Singh (PW3). It has also come on evidence that till<\/p>\n
           the date the parcels of sample were received by the Chemical<\/p>\n
           Examiner, the seal put on the said parcels of sample were<\/p>\n
           received by the Chemical Examiner, the seal put on the said<\/p>\n
           parcels were intact. That itself proves and establishes that there<\/p>\n
           was no tampering with the aforesaid seal in the sample at any<\/p>\n
           stage and the sample received by the analyst for chemical<\/p>\n
           examination contained the same opium which was recovered<\/p>\n
           from the possession of the appellant. In that view of the<\/p>\n
           matter, delay of about 40 days in sending the samples did not
\n Crl.A.No.863-DB of 2003                                          -7-<\/span><\/p>\n
             and could not have caused any prejudice to the appellant. The<\/p>\n
             aforesaid contention, therefore, also stands rejected.”<\/p>\n<\/blockquote>\n
19.          In view of the above, the present appeal is hereby dismissed<\/p>\n
and order of conviction and sentence, dated 13.9.2003, passed by the<\/p>\n
learned trial Court is upheld.\n<\/p>\n<\/p>\n
                                               ( JITENDRA CHAUHAN )
\n                                                       JUDGE<\/p>\n
                                                    ( K .S. GAREWAL )
\n                                                          JUDGE
\nNovember 20, 2008
\nSRM<\/p>\n
Note:        Whether to be referred to reporter ?         Yes\/No\n <\/p>\n","protected":false},"excerpt":{"rendered":"
Punjab-Haryana High Court Inderjeet vs State Of Haryana on 20 November, 2008 Crl.A.No.863-DB of 2003 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.A.No.863-DB of 2003 Date of Decision: November 20, 2008 Inderjeet …….Appellant. Versus State of Haryana …….Respondent CORAM:- HON’BLE MR.JUSTICE K. S. GAREWAL HON’BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Gorakh Nath, […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,28],"tags":[],"class_list":["post-111536","post","type-post","status-publish","format-standard","hentry","category-high-court","category-punjab-haryana-high-court"],"yoast_head":"\nInderjeet vs State Of Haryana on 20 November, 2008 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/inderjeet-vs-state-of-haryana-on-20-november-2008\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Inderjeet vs State Of Haryana on 20 November, 2008 - 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