LexBALDEV SINGH versus STATE OF HARYANA
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(2015] 12 S.C.R. 969 BALDEV SINGH v. STATE OF HARYANA (Criminal Appeal No. 167of2015) November 04, 2015 [JAGDISH SINGH KHEHAR AND R. BANUMATHI, JJ] Narcotic Drugs and Psychotropic Substances Act, 1985 A B - s. 15 - Punishment for contravention in relation to poppy c straw-Appellant-tractor driver found in possession of poppy husk - Order of acquittal by Sessions Judge since no other witness except ASl-PW-1 was examined and his evidence was not trustworthy - However, High Court set aside the acquittal and convicted the appellant u/s. 15 and sentenced 0 to rigorous imprisonment for twelve years- On appeal, held: · Evidence of police witnesses cannot be discarded merely on the ground that it is not supported by independent evidence or they belong to police force and are interested in the investigation - Mere fact that they are police officials does E not by itself give rise to any doubt about their creditworthiness - Testimony of PW-1 and evidence on record amply establishes physical possession of the contraband by the appellant- SI who investigated the case was not examined by the prosecution in spite of several opportunities - Since F PW-1 was a part of the police party and PW-1 had signed in all recovery memos, non-examination of SI could not have caused any prejudice to the accused nor does it affect the credib'ility of the prosecution version - From the evidence Q led by prosecution, its proved beyond reasonable doubt that the accused being the driver of the tractor was in conscious possession of the thirty three bags of poppy husk in the trolley attached to the tractor- Upon appreciation of evidence, High Court rightly reversed the acquittal and convicted the H 969 970 SUPREME COURT REPORTS [2015] 12 S.C.R. A appellant uls. 15 - However, the sentence of imprisonment reduced from twelve years to ten years since appellant suffered a protracted proceeding of about twenty five years. Gyan Singh and Ors. v. State of U.P 1995 Supp (4) SCC B 658; Girja Prasad (dead) by LRs. vs. State ofM.P. AIR 2007 SCW 5589:(2007) 7 SCC 625; Abdul Rashid Ibrahim Mansuri vs. State of Gujarat AIR 2000 SC 821 - referred to. c D Case Law Reference 1995 Supp (4) SCC 658 Referred to (2007) 1 sec 625 AIR 2000 SC 821 Referred to Referred to Para 9 Para 11 Para 13 CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 167 of2015. From the Judgment and Order dated 29.05.2003 of the High E Court of Punjab & Haryana at Chandigarh in Criminal Appeal No. 39-DBA of 1995. Dr.Anmol Rattan Sidhu, Sr.Adv., Pratham Sethi,Amandeep Mehra, Daya Krishan Sharma, Advs., with him, for Appellant. ' F Amit Kumar, AAG, Dr. Monika Gusain, Adv., with him, for Respondent. The Judgment of the Court was delivered by G R. BANUMATHI, J. 1. Challenge in this appeal is the · judgment dated 29.05.2003 passed by the High Court of Punjab and Haryana in Criminal Appeal No.39-DBA of 1995, wherein the High Court reversed the judgment of acquittal passed by the Sessions Judge, Sirsa and convicted the H appellant under Section 15 of the Narcotic Drugs and BALDEV SINGH v. STATE OF HARYANA 971 [R. BANUMATHI, J.] Psychotropic Substances Act 1985 (NDPSAct) on account of A having been found in possession of poppy husk and sentenced him to undergo rigorous imprisonment for twelve years and to pay a fine of Rs.1,50,000/- and in default to undergo rigorous imprisonment for six months. B 2. Briefly stated case of the prosecution is that on 16/ 17.09.1990 mid night at about 12.15 a.m., Chander Singh-SI alongwith Ram Singh-AS I and team of police personnel with Government Jeep No. HNN 3108 and a private jeep were holding Nakabandi on both sides of Kacha path leading to C village Kingre from G.T. Road for detection of the contraband. At that time, a tractor No.RJV 6299 with trolley was heading towards the road from the village and the same was stopped and the appellant was apprehended and-he was inquired about D the gunny bags of poppy husk lying in the trolley. The appellant was served with a written notice to the effect that as to whether he wanted to be examined before First Class Magistrate or Gazetted Officer in connection with the recovery of poppy husk from his trolley. The appellant had shown faith in Sub Inspector- E Chander Singh and as per rules Sub-Inspector searched the trolley. Thirty three yellow coloured gunny bags containing poppy husk were recovered from the trolley attached
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