9911796707
TMI Blog2020 (1) TMI 202X X X X Extracts X X X X X X X X Extracts X X X X ..... ct, 1985'), vide the judgment dated 20.05.1999, passed by the Special Judge, Ferozepur, for offence under Section 18 of NDPS, 1985 and was sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1,00,000/-(Rupees One Lakh) in default of payment of the same, to undergo rigorous imprisonment for another period of one year. 3. The case of the prosecution, in brief, is that on 12.09.1996, Devi Lal, HC (PW-1), Darbara Singh, S.I.(PW-2), along with other police officials were going from Dalbir Khera towards Waryam Khera, in a private jeep, on patrol duty, and when they reached near the bridge of Canal minor, the appellant-accused was seen coming from the opposite direction, carrying a bag in his right hand. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt dated 20.05.1999, in Sessions Trial No.17/1999, by recording a finding that prosecution has proved the guilt of the accused for offence under Section 18 of the Act, in keeping in his possession 1 kg 750 grams of opium in the area of village Dalmir Khera, convicted the appellant, he was sentenced to rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000/- (Rupees One Lakh) in default, to undergo rigorous imprisonment for one year. 5. Aggrieved by the aforesaid judgment of the Trial Court, the appellant herein has filed a criminal appeal No. 706-SB before High Court of Punjab and Haryana at Chandigarh. The High Court by impugned judgment dated 22.04.2008, dismissed the appeal filed by the appellant herein and confirmed the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dent-state has submitted that the prosecution has proved the case by leading cogent evidence, which proved guilt of the appellant beyond reasonable doubt and there are no grounds to interfere with the same. Learned counsel has submitted that merely because prosecution has not examined any independent witness, same would not necessarily lead to the conclusion that the appellant has been falsely implicated. He placed reliance on the judgment in the case of Jarnail Singh v. State of Punjab (2011)3 SCC 521. Further recent judgment of this Court in the case of Varinder Kumar v. State of Himachal Pradesh (2019) SCC Online SC 170, is also relied on wherein this Court has held that all pending criminal prosecutions, trials and appeals prior to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aqa Magistrate, with the seals intact, to Yogi Raj, SHO. In that view of the matter, the Trial Court and the High Court have rightly held that non-examination of Joginder Singh, did not, in any way, affect the case of prosecution. Further, it is evident from the report of the Chemical Examiner, Ex.P-10, that the sample was received with seals intact and that the seals on the sample, tallied with the sample seals. In that view of the matter, the chain of evidence was complete. 12. The next contention of learned senior counsel Sri Mahabir Singh is that the ASP, who was summoned to the spot, in whose presence search and recovery was effected, was not examined. As such, it is submitted that the non-examination of ASP is fatal to the case of p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cution has failed to prove its case. It is clear from the evidence on record that he was summoned at the time of search and seizure and only in his presence search was conducted, as such, there is no violation of Section 50 of the NDPS Act. 14. Further, it is contended by learned senior counsel appearing for the appellant that no independent witness was examined, despite the fact they were available. In this regard, it is to be noticed from the depositions of Devi Lal, Head Constable (PW-1), during the course of crossexamination, has stated that efforts were made to join independent witnesses, but none were available. The mere fact that the case of the prosecution is based on the evidence of official witnesses, does not mean that same sho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r to law laid down in Mohan Lal (2018)17 SCC 627, shall continue to be governed by individual facts of the case. 17. Having regard to oral and documentary evidence placed on record, we are in agreement with the findings recorded by the Trial Court and High Court. From the evidence on record in this case the prosecution has proved the guilt of the appellant beyond reasonable doubt. The conviction recorded and the sentence imposed is in conformity with the provisions of law and evidence on record, thus no interference is called for. Accordingly, this appeal is devoid of merits, and the same is dismissed. 18. As the appellant-accused is on bail, the bail bonds are cancelled. He shall surrender within a period of four weeks from today, to s ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
