| CITATION | AIR 2009 SC 1966 |
| DATE OF JUDGMENT | 16th February, 2009 |
| COURT | The Supreme Court of India |
| APPELLANT | State of Punjab |
| RESPONDENT | Hari Singh and Ors. |
| BENCH | Dr. Arijit Pasayat and Mukundakam Sharma, JJ. |
INTRODUCTION
The case of State of Punjab vs. Hari Singh and Ors involved an appeal by the State of Punjab against the judgment of a learned Single Judge of the High Court of Punjab and Haryana. The respondents, who were accused Nos. 1 to 4, had been convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of contraband articles, specifically 16 bags of poppy husk. Each accused was sentenced to undergo rigorous imprisonment and fined.
The prosecution’s case revolved around an incident where the accused individuals were found sitting on the bags of poppy husk, and upon seeing the police, they attempted to flee. Sub Inspector Krishan Kumar apprehended some of the accused, while one managed to escape. The police conducted a search in the presence of witnesses and seized the contraband articles.
The defence argued that there was no evidence of conscious possession by the accused individuals and raised concerns about procedural irregularities during the trial, including the failure to ask requisite questions under Section 313 of the Code of Criminal Procedure. The defence contended that the prosecution was based on personal vendetta by certain officials.
The case raised important legal issues regarding the requirement of conscious possession for conviction under the NDPS Act, procedural adherence in criminal trials, and the potential for false implication. The judgment in this case had significant implications for the interpretation and application of drug possession laws and procedural safeguards in criminal proceedings.
FACTS
In the case of State of Punjab vs. Hari Singh and Ors, the prosecution’s case revolved around an incident where police officials, including Sub Inspector Krishan Kumar, apprehended the accused individuals Puran Singh, Hari Singh, Jaswinder Kaur, and Charanjit Kaur. The police officials noticed these individuals sitting on bags containing poppy husk between sugarcane fields and a heap of earth. Upon seeing the police party, the individuals attempted to flee but were caught by Sub Inspector Krishan Kumar. The police informed the apprehended persons that they intended to search the bags they were sitting on and gave them the option to request the search in the presence of a Gazetted Officer or Magistrate. The individuals opted for the search to be conducted by a Gazetted Officer. Subsequently, the bags were searched in the presence of DSP Paramvir Gill, and the accused were arrested under the Narcotic Drugs and Psychotropic Substances Act, 1985.
ISSUES RAISED
The main issues in the case of State of Punjab vs. Hari Singh and Ors revolved around the concepts of conscious possession of contraband articles, specifically poppy husk, as required under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
Additionally, the failure to ask requisite questions regarding possession under Section 313 of the Code of Criminal Procedure, 1973 during the trial was a significant issue raised by the defence, leading to their acquittal by the High Court.
CONTENTIONS BY THE PROSECUTION
The prosecution argued that the accused individuals were in conscious possession of the contraband articles, specifically poppy husk, as required under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985. They presented evidence to support their claim that the accused had knowledge and control over the contraband.
The prosecution contended that the trial court’s conviction of the accused was based on the established evidence of possession and conscious possession, leading to their sentencing.
The prosecution maintained that the High Court’s acquittal of the accused based on the lack of evidence of conscious possession and failure to ask requisite questions under Section 313 of the Code of Criminal Procedure, 1973 was erroneous.
CONTENTIONS BY THE DEFENDANTS
The defence argued that there was no evidence of conscious possession by the accused individuals and that they were falsely implicated in the case due to personal vendetta by certain police officials.
The defence contended that the prosecution failed to establish conscious possession of the contraband articles and that the accusations against the accused were unfounded.
The defence raised concerns about the procedural irregularity of not asking requisite questions regarding possession under Section 313 of the Code of Criminal Procedure, 1973 during the trial, which they believed undermined the prosecution’s case.
JUDGEMENT
In the case of State of Punjab vs. Hari Singh and Ors, the court considered the arguments presented by both the prosecution and the defence regarding conscious possession of contraband articles, procedural irregularities, and alleged personal vendetta. The court ultimately ruled in favour of the accused individuals and acquitted them of the charges.
The court accepted the defence’s contention that there was no evidence of conscious possession by the accused individuals and that they were falsely implicated in the case due to personal vendetta by certain police officials. Additionally, the court noted the procedural irregularity of not asking requisite questions regarding possession under Section 313 of the Code of Criminal Procedure, 1973 during the trial, which was seen as undermining the prosecution’s case.
Based on these considerations, the court overturned the trial court’s conviction of the accused individuals and acquitted them of the charges under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The court’s judgment reflected a recognition of the lack of evidence supporting conscious possession and the importance of procedural fairness in criminal proceedings.
Overall, the court’s decision in this case highlighted the significance of establishing conscious possession and adhering to procedural requirements in criminal trials, while also acknowledging the potential for false implication and personal vendetta in legal proceedings.
CONCLUSION
In conclusion, the case of State of Punjab vs. Hari Singh and Ors centred around the issues of conscious possession of contraband articles, procedural irregularities, and alleged personal vendetta. The court ultimately acquitted the accused individuals based on the lack of evidence supporting conscious possession, the failure to ask requisite questions under Section 313 of the Code of Criminal Procedure, and the defence’s argument of being falsely implicated due to enmity with certain police officials.
The judgment highlighted the importance of establishing conscious possession for conviction under the Narcotic Drugs and Psychotropic Substances Act, 1985, and emphasized the need for procedural fairness in criminal trials. The court’s decision underscored the significance of evidence-based prosecution and adherence to legal procedures to ensure a just outcome in criminal cases.
Overall, the case served as a reminder of the complexities involved in proving possession of illicit substances, the implications of procedural lapses in criminal proceedings, and the potential for personal motives to influence legal actions. The acquittal of the accused individuals reflected a careful consideration of the evidence and legal principles at play in the case.
REFERENCE
- Manupatra
- https://indiankanoon.org
This Article is written by Akanksha Mishra student of CPJ CHS & SoL, GGSIPU; Intern at Legal Vidhiya.
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