STATE OF PUNJAB versus BALKAR SINGH AND ANR.

Citation: [2004] 3 S.C.R. 25 · Decided: 16-03-2004 · Supreme Court of India · Bench: K.G. BALAKRISHNAN, B.N. SRIKRISHNA · Disposal: Dismissed
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Judgment (excerpt)

STATE OF PUNJAB 
A 
v. 
BALKAR SINGH AND ANR. 
MARCH 16, 2004 
[K.G. BALAKRISHNAN AND B.N. SRIKRISHNA, JJ.] 
B 
Narcotic Drugs and Psychotropic Substances Act, : 
S. 15-"Conscious possession "-Accused found sitting on a cluster of 
bags containing of poppy husk-Prosecution-Trial court held accused to C 
have committed offence under s. 15-Acquittal by High Court-Held, the High 
Court committed no error in holding that there was no evidence to prove that 
the accused were in conscious possession of the poppy husk recovered by the 
police-The prosecution failed to discharge its obligation to prove the 
possession of the poppy husk by the accused-Recovery was effected from a D 
field in a vii/age-Accused belonging to different village-The police did not 
make any investigation as to how the 100 bags of poppy husk were transported 
to the place of incident-They also did not adduce any evidence to show the 
y 
ownership of the poppy husk-The presence of respondents at the place from 
where the bag_s of poppy husk were recovered itself was taken as possession 
of these bags by the police-Police should have conducted further investigation E 
to prove that these accused were really in possession of these articles. 
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 
II44 of I 997. 
From the Judgment and Order dated 24.7.96. of the Punjab and Haryana F 
High Court in Cr!. A. No. 297-SB of 1994. 
Mrs. Naresh Bakshi for Bimal Roy Jad for the Appellant. 
J.P. Dhanda, Mrs. Raj Rani Dhanda and V. Dhanda for the Respondents. 
G 
The following Order of the Court was delivered : 
This is an appeal by the State of Punjab Challenging the acquittal of 
two accused persons by the High Court of Punjab and Haryana at Chandigarh. 
Respondents Balkar Singh and Munish Chand were tried by the Additional 
2s 
H 
26 
SUPREME COURT REPORTS 
[2004] 3 S.C.R. 
A Sessions Judge, Bhatinda alleging that they committed the offence punishable 
under section 15 of the NDPS Act. On 5.12.1991 the SHO Balbir Sin~h, AS! 
Jamail Singh, Sub-Inspector Kaur Singh along with some other Home Guard 
Officials were doing patrol duty. When their vehicle reached near Village 
Bhagwanpur, the patrol party turned to two groups and one party under the 
B leadership of Balbir Singh proceeded to Village Lohgarh. When the patrol 
party under the leadership of Balbir Singh reached a place of one Km. away 
from bridge across Ghaghar river, they found a cluster of bags kept in field 
and the resp9ndents sitting on them. Balbir Singh suspected that the bags 
must have been containing poppy husk. He apprised the accused of their 
right under section 50 of the NDPS Act. The accused did not raise any 
C objection for search being conducted. Balbir Singh counted the number of 
bags and it was found that there were I 00 bags and each bag contained 
poppy husk having weight of 40 kg. Out of each bag, I 00 gm. of poppy husk 
was separated and he made samples. Later, the bags of Poppy Husk were 
taken into custody and kept in the Police Station. After investigation 
prosecution was launched against the respondents. 
D 
The accused respondents alleged false implication, but no evidence was 
adduced. The Sessions Court held that the respondents committed the offence 
under section 15 of the NDPS Act as they were found in possession of the 
l 00 bags of poppy husk. Aggrieved by the same, the respondents filed appeal 
E and the High Court was pleased to acq1Jit the respondents. This is challenged 
before us. 
We heard the counsel for the appellant. The High Co.urt by the impugned 
judgment stated that the prosecution failed to prove that. these respondents 
were in conscious possession ofthe poppy husk recovered by the police. The 
p evidence by the prosecution consisted of the testimony of PW-I Balbir Singh 
and PW-2 ASI Jarnail Singh. Both these witnesses deposed that they found 
the respondents sitting on the bags of poppy husk. The recovery was effected 
from a field in Village Lohgarh. The respondents belonged to different 
Villages. The respondent Balkar Singh is a resident of village Bira Bedi in 
District Hisar while respondent Munish Chand is a resident of Farukhabad. 
G The police did not make any investigation as to how these I 00 bags of poppy 
husk were transported to the place of incident. They also did not adduce any 
evidence to show the ownership of the poppy husk. The presence of 
respondents at the place from where the bags of poppy husk was recovered 
itself was taken
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