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TMI Blog2015 (9) TMI 671X X X X Extracts X X X X X X X X Extracts X X X X ..... as the provisions of Section 52-A of the Act are directory and not mandatory in nature. There is no material on record to establish that the accused had any criminal background or was involved in any other case under the provisions of the Act. There is also no material on record to show that he was a previous convict. The recovery effected from the appellant is non commercial quantity. He has already faced the agony of the proceedings/prosecution for the last more than 12 years. Thus, in these circumstances the appellant certainly deserves the reduction in sentence. He has been sentenced to undergo rigorous imprisonment for a period of four years and has been ordered to pay a fine of ₹ 40,000/- in default of payment of fine, he has been directed to to further undergo rigorous imprisonment for a period of one year. In my opinion, the rigorous imprisonment for two years and a fine of ₹ 20,000/- in default of payment of fine, to further undergo rigorous imprisonment for a period of four months will suffice the ends of justice - Decided partly in favour of appellant. - CRA-S-1582-SB-2004 - - - Dated:- 3-9-2015 - Darshan Singh, J. For the Petitioner : Mr G S Sidh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... witnesses were recorded. 3. On return to the police Station, the case property and sample parcels were deposited in the Police Malkhana. The report under Section 57 of the Act was sent to the DSP, Dabwali. On completion of formalities of the investigation, the report under Section 173 of Code of Criminal Procedure, 1973 (here-in-after called 'Cr.P.C.') was presented in the Court. 4. The accused appellant was charge sheeted for the offence punishable under Section 15 of the Act vide order dated 30.05.2003 by the learned trial Court, to which the appellant pleaded not guilty and claimed trial. 5. In order to substantiate its case, prosecution examined as many as four witnesses. 6. When examined under Section 313 Cr.P.C., the accusedappellant pleaded innocence and false implication. 7. In the defence evidence, accused examined Darshan Singh as DW1. Thereafter, the defence evidence was closed. 8. Appreciating the evidence on record and the contentions raised by learned counsel for the parties, the accused appellant was held guilty and convicted for the offence punishable under Section 15 of the Act and was awarded the sentence as mentioned in the upper part o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 50 of the Act has vitiated the conviction and sentence. To support his contentions, he has relied upon case Partap Singh Vs. State of Haryana (supra) and Bhajan Singh alias Ghola Vs. State of Punjab (supra). 14. He further contended that the case property was never produced before the Magistrate in compliance of Section 52-A of the Act, which is again fatal to the prosecution case. Thus, he pleaded that the conviction of the appellant has been wrongly recorded. 15. He further contended that even the sentence awarded to the appellant is harsh. The appellant was not a previous convict and was not having any criminal background. The recovery was also noncommercial. Now he is facing the agony of these proceedings for the last more than 12 years. 16. On the other, learned State counsel contended that the Investigating Officer has tried to associate the independent witness but they did not agree. So, no fault can be found with the Investigating Officer due to non-joining of the independent witness. He further contended that the accused has not alleged any ill-will against the Investigating Officer. So, there is no reason to disbelieve the statements of the official witn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... there is no corroborative evidence to the statement of DW1 Darshan Singh. Said Darshan Singh has admitted in the cross-examination that he is the supporter of the Congress party and is also co-villager of the present appellant. There is also no material to establish that the appellant was having any enmity or dispute with said Leela Singh. It is not believable that mere this fact that the appellant and Leela Singh belonging to different political parties, can be a reason for false implication of the appellant. There is also no material on record to show that as to what was the status of Leela Singh in the Indian National Lok Dal, as to whether he was in a position to exercise any influence over police officials of the area. The accused-appellant has not moved any representation to the higher police authorities against SI Budh Singh for his false implication. In these circumstances, the defence plea raised by the appellant that he has been falsely implicated at the instance of Leela Singh son of Maghar Singh due to party faction does not appeal to the reasons. 21. It is well settled principle by this time that mere nonjoining of the independent witness itself is not a ground to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngh has stated in the cross-examination that the bag of case property was containing 19 kilograms and 8 grams chura post. There appears to be a typographical mistake in describing the weight of the residue parcel in the cross-examination. Ex.PF is the affidavit of this witness and Ex.PG is the affidavit of PW4 Constable Satish Kumar. Even if word Mohar is considered to have been added later on, the sense of the sentence conveys that the specimen seal impression/sample seal was deposited with the Moharir Head Constable and the same was sent to the FSL through Constable Satish Kumar. The report of the FSL Ex.PX also shows that the seals on sample parcel were intact and tallied with specimen seal as per the forwarding authority's letter. It clearly shows that in fact the specimen seal impression was forwarded to the Forensic Science Laboratory and that is why the same has been compared and have been found to be tallied with the seal impressions on the sample parcel. From the statement of PW3 HC Satpal Singh, PW4 Constable Satish Kumar and the report of the FSL Ex.PX, it comes out that the sample parcel has remained intact throughout. In these circumstances, mere delay of six day ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tested by PW2 HC Kapoor Singh. So, there is no escape from the conclusion that the weight of the residue was 19 kilograms 800 grams. Thus, from the cogent, convincing and reliable evidence adduced by the prosecution, it is established beyond shadow of reasonable doubt that 20 kilograms poppy husk was recovered from the conscious possession of the appellant. So, the conviction of the appellant for the offence under Section 15 of the Act is maintained and upheld. 26. Learned counsel for the appellant has also pleaded for a reduction in the sentence awarded to the appellant. There is no material on record to establish that the accused had any criminal background or was involved in any other case under the provisions of the Act. There is also no material on record to show that he was a previous convict. The recovery effected from the appellant is non commercial quantity. He has already faced the agony of the proceedings/prosecution for the last more than 12 years. Thus, in these circumstances the appellant certainly deserves the reduction in sentence. He has been sentenced to undergo rigorous imprisonment for a period of four years and has been ordered to pay a fine of ₹ 40,00 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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