Bahadur Singh vs State Of Punjab

STATE OF PUNJAB .. Respondent(s)

O R D E R

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

'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.

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 of Police

(Headquarters). At about 6.45 p.m. two persons were spotted

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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 Amloh Chowk and

apprehended him. He turned out to be Bahadur Singh, the

appellant. He was also found to be carrying 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. 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 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

Additional Sessions Judge, Ludhiana, who held that the

Prosecution story was doubtful and accordingly acquitted him.

In arriving at this conclusion, the trial court observed that

the provisions of Sections 50, 55 and 57 of the Act had been

violated. It was further found that as per the press note

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published in the Daily "Jagbani", Jalandhar (Ex.DD) dated 8th

December, 1995, it had been brought out that 20 kgs. of opium

had been recovered from Darshan Khan by SI Bhupinder Singh and

there was no reference to the appellant. The trial court's

judgment has been reversed in appeal by the High Court by

observing that the provisions of Section 50 of the Act were not

applicable in the facts of the present case and that in any

event, the press note, Exhibit DD could not be taken in

evidence and no reliance could thus be placed thereon, with

regard to its contents.

4. Having heard learned counsel for the parties and having

gone through the records and materials placed before us, we

find that provisions of Section 50 of the Act would not be

applicable in the present case. The opium had allegedly been

recovered, from a bag, which the appellant was carrying, as per

the prosecution story. We, however, find that the

observations of the High Court that the press note, Exhibit DD,

could not be relied upon appears to be unacceptable. We must

note that the High Court had proceeded on the basis that

Exhibit DD was a news item, whereas it is clear from Exhibit

DD, that it was a press note issued by the SSP Khanna, Shri

Arun Kumar Mittal. We have gone through this document and

find that it clearly states that as per prior information that

opium smugglers from Madhya Pradesh would be selling opium, a

police naka had been organised and two persons had alighted

from a bus and on seeing the police had run in the different

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directions and of them, one person was the appellant and the

other was Darshan Khan and that 20 kilograms of opium had been

recovered from the bag carried by Darshan Khan. PW3 SP

Gurmeet Singh, in his cross-examination admitted that the press

note had indeed been issued and published in the daily

"Jagbani" dated 8th December, 1995. On reading the press

note, he stated that it referred to the naka in which the

alleged opium had been recovered. In our view, the High

Court's observation that Exhibit DD being a news item could

not be taken into evidence, is not correct, as the veracity of

the contents of the document, had been accepted by PW-3. We

accordingly find that the recovery of 10 Kgs. of opium from the

appellant becomes suspect.

5. We may also highlight that the trial court had taken a

view in favour of the accused on a consideration of the

evidence, and as that view was clearly possible, the High Court

should not have interfered in the matter in an appeal

against acquittal.

6. We, accordingly, allow this appeal, set aside the order

of the High Court and order the acquittal of the appellant.

7. We also direct that the appellant, who is in custody,

shall be released forthwith if not wanted/required in

connection with any other case.

......................J. (HARJIT SINGH BEDI)

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......................J. (CHANDRAMAULI KR. PRASAD) NEW DELHI;

April 26, 2011.