BAHADUR SINGH versus STATE OF PUNJAB

Citation: [2011] 5 S.C.R. 877 · Decided: 26-04-2011 · Supreme Court of India · Bench: H.S. BEDI, C.K. PRASAD · Disposal: Appeal(s) allowed

Judgment (excerpt)

[2011] .5 S.C.R. 877 
BAHADUR SINGH 
v. 
STATE OF PUNJAB 
(Criminal Appeal No. 2106 of 2008) : 
APRIL 26, 2011 
: . 
[HARJIT SINGH BEDI AND CHANDRAMAULI KR. 
PRASAD, JJ.] 
, 
. 
Narcotic Drugs and Psychotropic Substances Act, 1985: 
A 
B 
ss. 18, 50 - Recovery of contraband goods - Nakabandi held C 
by police party under the sr.ipeNision of Superintendent of 
police, PW-3 - Allegation that on seeing the police party, the 
appellant and one 'DK' ran in different directions - Both 
apprehended - 10 kgs of opium allegedly found in bag which 
the appellant was carrying- Recovery of 10 kgs of opium from o 
'DK' Both tried separately - Conviction of 'DK' attaining finality 
-
Trial court acquitted appellant on . the ground that 
prosecution story was doubtful and. the provisions in local 
newspaper, 20 kgs ofopium was recovered from 'DS' but theJ:e 
was no reference to the appellant -. High Court reversed, the 
E 
order of acquittal on the ground that the press note could not 
be taken in evidence - On appeal, held: Provisions of s, 50. 
was not applicable in the instant case - The •opium was 
allegedly recovered, from a bag, which the appellant .was 
carrying - High Court wrongly proceeded on the basis that 
F 
press note was a news items, whereas it was a press noted 
issued by the SSP, veracity of which was accepted by PW-3 
- The finding of High Court that the press note could not be 
relied upon was not correct - Trial couit took view in favour of 
the accused on a consideration of the evidence, and as that 
view was clearly possible, . High Court ought not have G 
interfered in the matter in an appeal against acquittal -
/ . 
Appeal against acquittal - Evidence. 
877 
H 
878 
SUPREME COURT REPORTS 
[2011] 5 S.C.R. 
A 
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal 
-No:·2106 of 2000. 
From the Judgment and Order dated 29.05.2008 of the 
High Court of Punjab and Haryana at Chandigarh in Criminal 
B Appeal No. 231-DBA of 1998. 
Pradeep Gupta, Suresh Bharti and K.K. Mohan for the 
Appellant. 
Jayant Sud, AAG, Harender Singh and Kuldeip Singh for 
c the Respondent. 
The following order of the Court was delivered 
ORDER 
D 
1. This appeal is directed against the judgment and order 
dated 29th May, 2008 of the High Court of Punjab & Haryana, 
whereby the acquittal of the appellant-Bahadur Singh for an 
offence punishable under Section 18 of the Narcotic Drugs & 
Psychotropic Substances Act, 1985, (hereinafter referred to as 
E 'the Act') has been set aside and he has been convicted under 
that provision and sentenced to undergo rigorous imprisonment 
for 10 years and to pay a fine of Rs.one lakh and in default in 
payment of fine, to undergo further rigorous imprisonment for 
one year. 
F 
2. The facts are as under:-
3. At about 6.30 p.m. on the 5th December, 1995, a police 
party headed by SHO Rajbir Singh held a special nakabandi 
under the supervision of PW-3 Gurmeet Singh, Superintendent 
G of Police (Headquarters). At about 6.45 p.m. two persons were 
spotted coming towards them. On seeing the police party, one 
of the persons ran towards the taxi stand, whereas the other 
attempted to turn towards Amloh Chowk. A party led by 
inspector Rajbir Singh followed the person proceeding towards 
H Amloh Chowk and apprehended him. He turned out to be 
BAHADUR SINGH v. STATE OF PUNJAB· 
879 
Bahadur Singh, the appellant. He was alsc found to be carrying 
A · 
a bag in his right hand which was suspected to contain 
contraband. An offer under Section 50 of the Act was made to 
him by inspector Rajbir Singh. The appellant stated that he 
would like to be searched in the presence of a Gazetted Officer. 
PW-3 Gurmeet Singh was accordingly requested to be present. 
B 
The bag was searched and 10 Kgs.of opium was found therein. 
A sample of 20 grams was separated and the balance of the 
opium was sealed and was entrusted to PW Mohinder Singh. 
It appears that the person who had run towards the taxi stand 
was also apprehended by another police party and 10 kg.of c 
opium was also recovered from him. That man was Darshan 
Khan. Two trials were held thereafter, one with respect to the 
appellant, Bahadur Singh and the other with respect to Darshan 
Khan. It is the admitted position that Darshan Khan's conviction 
has attained finality. Bahadur Singh was, however, tried by the 
D 
Additional Sessions Judge, Ludhiana. who held that the 
Prosecution story was doubtful and accordingly acquitted him. 
In arriving at this conclusion, the 

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