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TMI Blog2010 (4) TMI 1042X X X X Extracts X X X X X X X X Extracts X X X X ..... nner tampered with – Current Court in Hardip Singh v. State of Punjab [2008 (8) TMI 892 - SUPREME COURT] condoned delay of about 40 days in sending sample to laboratory after same was seized – In our considered opinion, ratio of aforesaid decision squarely applies to facts of present case – Respondents hereby directed to surrender forthwith and undergo remaining term of imprisonment as directed by trial Court – Impugned order of acquittal set-aside – Decided in favour of Appellant. - CRIMINAL APPEAL NO. 32 OF 2009 - - - Dated:- 5-4-2010 - Mukundakam Sharma A.K. Patnaik, JJ JUDGMENT Dr. Mukundakam Sharma, J 1. The present appeal is an appeal filed by the State of Punjab challenging the judgment and order dated 20.08.2007 passed by the High Court of Punjab Haryana whereby the High Court acquitted the respondents herein of the charge under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [for short NDPS Act ], thereby reversing the judgment and order of conviction and sentence passed by the trial Court, i.e., the Special Court, Patiala. The trial Court convicted the respondents herein under the aforesaid section and sentenced each of them to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... On recovery of the aforesaid poppy husk from the said bags, two samples of 250 grams each were separated from each bag and separate parcels were prepared. The bags were numbered from Nos. 1 to 35. The bags as well as the sample parcels were separately sealed by PW-4 with his seal TS, and the sample seal was separately prepared. The seal after use was handed over to Gurnam Singh, Lamberdar of village Kakrala. The case property was taken into possession through recovery memo. Intimation for grounds of arrest was given to the respondents and they were accordingly arrested and on return to the police station, case property was deposited with the MHC. The case property and the sample parcels were produced before the learned Sub-Divisional Judicial Magistrate, Samana on 24.04.2002. On the analysis of the samples, the Chemical Examiner submitted a report whereby he confirmed the contents of the samples seized and sealed to be poppy husk. Ruqa was prepared and sent to the Police Station Ghagga, on the basis of which a formal First Information Report was drawn and registered. After completing the investigation, the challan was presented in the Court. 5. The trial Court after receipt of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r to Gurnam Singh, Lamberdar of village Kakrala whereas the Investigating Officer had stated that the seal was handed over to Sub-Inspector Ajaib Singh. The other ground which was considered and relied upon by the High Court for acquitting the respondents was that the DSP, who had been called at the option of the respondents who wanted to be searched in front of the gazetted officer was not brought into the witness box and was given up by the prosecution as being unnecessary. Other grounds which have been recorded by the High Court for acquitting the respondents were that the police officials were travelling in a private jeep but the number of that jeep was not given by the prosecution and that the Sub- Inspector Tejinder Singh [PW-4], the Investigation Officer did not categorically say as to who was driving the jeep and who was the owner of the jeep. The High Court has also held that the delay of about seven days in sending the samples of the case property to the Forensic Science Laboratory was fatal, inasmuch as in the intervening period tampering of the case property could have been easily done. For the aforesaid reasons, the High Court passed the order of acquittal. 10.Couns ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o is subject to such power or control. 14.In the backdrop of the aforesaid settled position of law we have to examine the facts of the present case in order to hold as to whether or not the respondents could be said to have been in conscious possession of the contraband goods. Evidence was led by the prosecution to establish that the respondents were found sitting on the aforesaid bags of poppy husk. It was also stated by the Sub-Inspector as also the Assistant Sub-Inspector that the presence of the accused respondents at such an early hour, i.e., 8.00 a.m. near a religious place with such large number of bags and their sitting on them and on seeing the police party their conduct of trying to hide themselves behind the bags prove and establish that they were in possession of the aforesaid bags. The very fact that they tried to hide themselves behind the bags made the police party suspicious about the contents of the bags which led to a search of the said bags and on search being carried out in accordance with law, the aforesaid suspicion that the bags contained contraband was confirmed. 15.The respondents, during the trial, could not give any satisfactory reply as to how and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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