'Impossible For Police To Plant Heavy Contraband': Punjab & Haryana High Court Dismisses Appeal Of Men Convicted For Possessing 25 Kg Heroin

The Punjab & Haryana has dismissed the appeal challenging the conviction under the NDPS Act for possessing 25 kg heroin. The Court rejected the argument that the contraband was planted by the police and that accused persons were falsely implicated in the case.

Justice Gurvinder Singh Gill and Justice N.S. Shekhawat said, "the recovery of the contraband was too heavy and it was impossible to plant such a recovery on both the appellants. Even otherwise in their statements under Section 313 Cr.P.C., the appellants had offered no explanation, as to why they had been falsely involved by the police in such a heinous crime."

Speaking for the bench Justice Shekhawat said, the appellants could not lead any evidence to show that there was any tampering with the samples, which were sent to the laboratory and the delay of 09 days in sending the samples to the office of FSL, Punjab, Chandigarh was insignificant.

The Court was hearing an appeal filed against the conviction under Section 21 of the NDPS Act, wherein the accused Rajinder Singh was convicted for rigorous imprisonment of twenty years with a Rs.2 lakh fine along with other offences under IPC. Another accused Baljit Singh, was convicted under Section 21 of the NDPS for rigorous imprisonment of twelve years with a fine of Rs.1 lakh.

As per FIR, the two accused persons were found in possession of 25kgs of heroin kept in their car.

The counsel for the appellants vehemently argued that in the present case, the FIR was registered pursuant to receipt of secret information, pertaining to the possession of contraband in a Tavera vehicle. As per the mandatory provisions of Section 42 of the NDPS Act, the secret information was immediately required to be reduced into writing and was further required to be sent to the superior officers of the police.

 An Inspector namely Harvinderpal Singh had received secret information. However admittedly, neither he had reduced the secret information in writing nor it was conveyed to his senior officers and the same has resulted in violation of the mandatory provision of Section 42 of the NDPS Act and the entire recovery stood vitiated, the counsel added.

On the other hand, the State counsel vehemently opposed the submissions made by learned counsel for the appellants on the ground that in the present case, first of all, the recovery had taken place from a vehicle in transit, which was parked on a national highway. Still further, the recovery had taken place from a vehicle in a public place, which was accessible to the public, the provisions of Section 43 of the NDPS Act would apply and there was no need to comply with the provisions of Section 42 of the NDPS Act.

After hearing the submissions, the bench relying on the Apex Court's decision in State of Haryana v. Jarnail Singh and others, [2004], came to the conclusion that the present case was a case of recovery of contraband from a public place and the seizure of the contraband and the arrest of accused was made in a public place, the provisions of Section 43 of the NDPS Act would be attracted.

The bench opined that the state if official witnesses cannot be kept aside, "only on the ground of their official status."

"Even in the present case, huge recovery of heroin had taken place from the appellants, who were international smugglers and it was impossible for the police officers to plant such a huge recovery on them," added the Court.

The bench further noted that "it is apparent that the recovery of heroin had taken place from a Tavera vehicle and from other places and no recovery was effected from the personal search of the appellants."

"The provisions of Section 50 of the NDPS Act will be applicable only in cases of personal search of the accused and we find no substance in the argument raised by learned counsel for the appellants in this regard," it added.

Rejecting the argument that the contraband was planted and there was tampering in the sample, Justice Shekhawat said, "Rather the FSL report...categorically stated that the seals on parcels...were found intact and tallied with the specimen seal impressions. Even as per the FSL report...heroin was found in the samples and thus the evidence of the prosecution conclusively proved that 25 kgs. of heroin was recovered from the appellants by the police of State Special Operation Cell, Punjab, Amritsar."

In light of the above, the plea was dismissed.

Mr.Rishav Jain, Advocate with Mr. Kanish Jindal, Advocate for the appellants.

Mr. I.P.S. Sabharwal, DAG, Punjab.

Case: Rajinder Singh @ Bittu v. State of Punjab

Citation: 2024 LiveLaw (PH) 220

Click here to read/download the order