BAHADUR SINGH Vs STATE OF PUNJAB
Bench: HARJIT SINGH BEDI,CHANDRAMAULI KR. PRASAD, , ,
Case number: Crl.A. No.-002106-002106 / 2008
Diary number: 23529 / 2008
Advocates: K. K. MOHAN Vs
KULDIP SINGH
1
REPORTABLE
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(s). 2106 OF 2008
BAHADUR SINGH .. Appellant (s)
VERSUS
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
2
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
3
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
4
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)
5
......................J.
(CHANDRAMAULI KR. PRASAD) NEW DELHI; April 26, 2011.