LexSIATE OF PUNJAB versus NIRMAL SINGH
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[2009] 9 S.C.R. 917 .J SIATE OF PUNJAB A v. NIRMAL SINGH (Criminal Appeal No. 1390 of 2004) APRIL 23, 2009 B [DR. ARIJIT PASAYAT AND ASOK KUMAR GANGULY, JJ.] Narcotic Drugs and Psychotropic Substances Act, 1985: C' ss. 15 and 50 - Poppy husk found in house of accused - Plea that parameters of s. 50 were not kept in view - Held: In such a case, s.50 has no application, as there was rio personal search - Further there is no legal bar on recording' conviction on the basis of evidence of official witness - D Evidence - Official witness. The respondent was convicted by the trial court uls 15 _of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to 10 years RI and a fine of Rs. E 1,00,0001- as Jt held that the charge against the ·respondent of fiaving concealed 10 bags of poppy husk in his house was found proved. On appeal, the High Court acquitted the accused accepting his plea that the requisite parameters of s.50 of the Act were not kept in view and conviction could not have been recorded only F on the basis of evidence of official witness. Allowing the appeal filed by the State, the Court HELD: 1.1. In the instant case, the poppy husk was G recovered from the house of the accused. Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 has no application, as there was no personal search. Therefore, the conclusion of the High Court 917 H 918 SUPREME COURT REPORTS [2009] 9 S.C.R. A regarding non-compliance of s.50 of the Act is unsustainable. [Para 8] [921-D] Kalema Tumba v. State of Maharashtra and Anr. JT 1999 (8) SC 293; The State of Punjab v. Baldev Singh JT 8 1999 (4) SC 595 and Gurbax Singh v. State of Haryana 2001 (3) sec 28, relied on. 1.2. There is no legal bar on recording conviction on the basis of evidence of official witness. The conclusion of the High Court on this aspect also is indefensible. The C judgment of the High Court is set aside. The respondent shall surrender to custody forthwith to serve the remainder of sentence. [Para 7 and 12] [921-A-E; 922-B] State of Haryana vs. Mat Ram 2008 (8) SCC 292, relied D on. .. Case Law Reference: JT 1999 (8) SC 293 relied on Para 6 E JT 1999 (4) SC 595 relied on Para 6 2001 (3) sec 28 relied on Para 6 2008 (8) sec 292 relied on Para 8 CRIMINAL AP PELLA TE JURISDICTION : Criminal Appeal F No. 1390-of 2004. From the Judgment/Order dated 17.03:2004 passed by the High Court of Punjab and Haryana at Chandigarh· in Criminal Appeal No. 219-SB of 1991. G Kuldip Singh, R.K. Pandey, T.P. Mishra and Sanjay Katyal / for the Appellants. Rajat Sharma, Dinesh Verma, A.P. Mohanty and A.P. Mohanty for the Respondents. H STATE OF PUNJAB v. NIRMAL SINGH 919 The JudgmenUOrder of the Court was delivered by A DR. ARIJIT PASAYAT, J. 1. Challenge in this appeal is the judgment of a learned Single Judge of the Punjab and Haryana High Court directing acquittal of the respondent who faced trial for alleged commission of offence punishable under 8 Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short "Act"). It was alleged that the accused had kept 10 bags of poppy husk under the sugar cane straw. Learned Additional Sessions Judge, Sangrur found the accused guilty and sentenced him to undergo rigorous C imprisonment for 10 years and to pay a fine of Rs. 1,00,000/- with default stipulation. 2. The prosecution version in a nutshell is as follows: 3. On February 25, 1988, ASI Darshant Singh PW2 was D present alongwith Constable Baldev Singh, Avtar and Gurjant Singh, on Malerkotla bye-pass, Dhuri. He received a secret information that the present appellant was selling poppy husk in his. house and if raided, the same could be recovered. Head Constable Darshan Singh PW1 also arrived there and he too, E was joined in the police party. After receipt of the secret information, ruqa Ex.PC was sent to the concerned police station for the registration of the case, on the basis of which, formal F.l.R. Ex.PC/1 was recorded by ASI Amarjit Singh. ASI Darshan Singh reached Village Bhanbauri, where Sant Ram Chowkidar of the same village was also joined on the outskirts F of the village. The police party, thereafter, raided the house of the appellant, where he was found present. He was consequently apprehended and interrogated by ASI Darshan Singh PW2 in the presence of witnesses, ~hereupon the appellant allegedly made a disclosure st
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