w w w . L a w y e r S e r v i c e s . i n



State of Punjab v/s Kashmiri Lal @ Sheera


Company & Directors' Information:- C. LAL LIMITED [Active] CIN = U51909HR2012PLC046499

    CRM-A No. 1851 of 2019 (O & M)

    Decided On, 04 December 2019

    At, High Court of Punjab and Haryana

    By, THE HONOURABLE MR. JUSTICE JITENDRA CHAUHAN & THE HONOURABLE MR. JUSTICE VIVEK PURI

    For the Appearing Parties: A.A. Pathak, Additional Advocate General, Punjab.



Judgment Text


Jitendra Chauhan, J.

Oral

1. The present application has been filed under Section 378 (3) of Code of Criminal Procedure by State of Punjab seeking leave to appeal against the judgment of acquittal dated 10.01.2019 passed by Judge Special Court, Jalandhar, vide which accused/respondent was acquitted in FIR No. 81 dated 29.05.2015 under Section 22 of the Narcotic Drugs and Psychotropic Substances Act (for short 'the Act') registered at Police Station Bhogpur, Jalandhar.

2. Brief facts of the case as noticed in the judgment passed by the trial Court in Paragraph No. 2 are reproduced as under:

"The brief prosecution version is that on 29.05.2015, while ASI Premjit Singh (Investigating Officer, hereinafter referred as IO) was posted at Police Station Bhogpur, Jalandhar. On that day, he along-with HC Jaswinder Singh and other police officials were going on patrol duty on private car from PS Bhogpur towards village Behramshrishta via mettled road. When the police party reached near the turning of village Jandir, then accused Kashmiri Lal was spotted by the police party coming on foot from the side of village Behramshrishta on the mettled road. On seeing the police party accused became nervous and he tried to turn back, but on suspicion he was apprehended by IO with the help of the police party. IO verified the identity of accused.

Then IO disclosed his identity, rank and place of posting to the accused and further told the accused that he suspect some intoxicant substance in his possession for which his search is required to be conducted. IO further apprised the accused regarding his legal right to get search conducted from gazetted officer or magistrate but the accused reposed confidence in IO and consent memo of accused was prepared. Before conducting search of accused, IO tried to join the independent witness but nobody was ready to join.

Then IO conducted the search of accused in the presence of the police party and from the back pocket of trouser worn by accused, one polythene was recovered, which was found containing intoxicant powder. Then IO took out two samples of 5 grams each and remaining on weighing came out to be 125 grams which were put into the plastic containers and reduced into parcels and IO sealed the case property with his seal PS. Form M29 was prepared by IO at the spot and he affixed his seal PS directly on it. The seal after use was handed over to HC Jaswinder Singh. All the above said parcels were taken into police possession.

Then IO sent ruqa to the police station through PHG Gurdeep Singh on the basis of which FIR was registered by SI Pritam Singh. IO prepared rough site plan with correct marginal notes. Accused was arrested in this case and his personal search was conducted. From personal search of accused Rs. 350/- were recovered which were taken into police possession. IO recorded the statements of witnesses at the spot."

3. After investigation and on receipt of report of Chemical Examiner, challan/charge-sheet was presented in the Court. Charge under Section 22 of the Act was framed against the accused to which he pleaded not guilty and claimed trial.

4. In order to prove its case, prosecution had examined PW1- Constable Raman Kumar, PW2-Inspector/SHO Bharat Masih, PW3-MHC Gurjit Singh, PW4-ASI Premjit Singh (Investigating Officer), PW5-HC Jaswinder Singh and closed its evidence.

5. Statement of accused under Section 313 Cr.P.C. was recorded in which all the incriminating circumstances appearing in the prosecution evidence were put to the accused. Accused denied the same and pleaded false implication. No evidence in defence was led by the accused.

6. After appraisal of the evidence, learned trial Court vide judgment dated 10.01.2019, acquitted the accused/respondent of the charge framed against him.

7. Thus, the present application seeking leave to appeal against judgment dated 10.01.2019 has been filed before this Court.

8. It is contended by learned State counsel that it is the case of chance recovery and as such commercial quantity cannot be presumed to have been planted without any reason. Prosecution has sufficiently explained the reason for non joining of independent witness.

9. The learned trial Court has acquitted the accused on the following grounds:-

(1) There was breach of mandatory provision of Section 50 of the Act as no proper offer for making search was made to the accused. Thus offer made stood vitiated in view of stringent provisions of the Act;

(2) The place of recovery was a thoroughfare. Still no independent witness was joined by the Investigating Officer; and

(3) The explanation furnished by the Investigating Officer for non joining of independent witness was found to be not satisfactory as he could not tell the names of the persons who refused to join as independent witness.

10. The judgment passed by the trial Court cannot be said to be perverse or illegal. There is no fallacy in the impugned judgment. We have no reason to differ with the view taken by the trial Court. Even otherwise also, no plausible explanation has been put forth for condoning the delay.

11. It is a settled law as has been held in C. Antony v. K.G. Raghavan Nair, 2002(4) RCR (Criminal) 750 that even if a second view on appreciation of evidence is possible, the Court will not interfere in the acquittal of the accused unless the judgment suffers from any perversity. In the cases of acquittal, there is double presumption in his favour; first the presumption of innocence, and secondly the accused having secured an acquittal, the Court will not interfere until it is shown conclusively that the inference of guilt is irresistible.

12. In State of Rajasthan v. Shera Ram @ Vishnu Dutta, (2012) 1 SCC 602, Hon'ble the Supreme Court has held as under:-

"13. When an accused is acquitted of a criminal charge, a right vests in him to be a free citizen and this Court is very cautious in taking away that right. The presumption of innocence of the accused is further strengthened by the fact of acquittal of the accused under our criminal jurisprudence. The courts have held that if two views are possible on the evidence adduced in the case, then the one favourable to the accused, may be adopted by the court. However, this principle must be applied keeping in view the facts and circumstances of a case and the thumb rule is that whether the prosecution has proved its case beyond reasonable doubt. If the prosecution has succeeded in discharging its onus, and the error in appreciation of evidence is apparent on the face of the record then the court can interfere in the judgment of acquittal to ensure that the ends of justice are met. This is the linchpin around which the administration of criminal justice revolves.

14. It is a settled principle of criminal jurisprudence that the burden of proof lies on

Please Login To View The Full Judgment!

the prosecution and it has to prove a charge beyond reasonable doubt. The presumption of innocence and the right to fair trial are twin safeguards available to the accused under our criminal justice system but once the prosecution has proved its case and the evidence led by the prosecution, in conjunction with the chain of events as are stated to have occurred, if, points irresistibly to the conclusion that the accused is guilty then the court can interfere even with the judgment of acquittal. The judgment of acquittal might be based upon mis-appreciation of evidence or apparent violation of settled canons of criminal jurisprudence." 13. Consequently, the application seeking leave to appeal as well as application for condonation of delay are, hereby, dismissed.
O R







Judgements of Similar Parties

29-09-2020 Laddu Lal Mahto Versus Managing Director, Tata Motors Limited, Bihar & Another National Consumer Disputes Redressal Commission NCDRC
09-09-2020 Rajasthan State Road Transport Corporation & Others Versus Goverdhan Lal Soni & Another Supreme Court of India
08-09-2020 Murari Lal Versus State of U.P & Others High Court of Judicature at Allahabad
28-08-2020 Chhotey Lal Versus State of U.P. High Court of Judicature at Allahabad
18-08-2020 Lal Chand Versus Union Territory of J&K & Others High Court of Jammu and Kashmir
11-08-2020 Shankar Lal Yadav & Another Versus Union of India & Others High Court of Delhi
06-08-2020 Ram Lal Versus State of HP & Others High Court of Himachal Pradesh
17-07-2020 Pyare Lal Versus State of Haryana Supreme Court of India
30-06-2020 Sindhu. S. Lal Versus Revenue Divisional Officer, Adoor & Others High Court of Kerala
29-06-2020 Mohan Lal Jain Versus Insolvency & Bankruptcy Board of India & Another High Court of Delhi
26-06-2020 Amrut Lal @ Amrit Lal Versus State of Chhattisgarh & Others High Court of Chhattisgarh
23-06-2020 Munna Lal Versus State of U.P. Thru. Addl. Chief Secy. Medical & Health Lko & Others High Court Of Judicature At Allahabad Lucknow Bench
19-06-2020 Vipin Kumar Choudhary Versus Makhan Lal Chaturvedi National University Of Journalism & Communication - Bhopal National Consumer Disputes Redressal Commission NCDRC
18-06-2020 Jivan Lal Verma Versus Kishan Agrotek National Consumer Disputes Redressal Commission NCDRC
11-06-2020 Moti Lal @ Moti Lal Patwa Versus Union of India, Ministry of Finance through the Director, Enforcement Directorate, Delhi & Another High Court of Judicature at Patna
03-06-2020 Latelraj Suryawanshi (Latelram Suryawanshi wrongly mentioned in the impugned judgment) Versus Hori Lal Tamboli & Another High Court of Chhattisgarh
21-05-2020 Aravapalli Krishna Murthy Versus Syed Lal Saheb Died & Others High Court of Andhra Pradesh
20-05-2020 Diwari Lal & Others Versus State of U.P. High Court of Judicature at Allahabad
14-05-2020 Meena Sharma Versus Nand Lal & Another High Court of Delhi
11-05-2020 Shiv Lal (Since Deceased) Versus Mohan Lal High Court of Punjab and Haryana
08-05-2020 Mohan Lal Versus State of NCT of Delhi Supreme Court of India
30-04-2020 Jagdish Lal Versus State of Himachal Pradesh High Court of Himachal Pradesh
20-04-2020 Babu Lal Versus State (N.C.T. of Delhi) High Court of Delhi
24-03-2020 Babu Lal & Others Versus Para Devi & Others High Court of Rajasthan Jaipur Bench
17-03-2020 Meghna Singh (Through: Her Natural Guardian) Avita D Lal Versus Central Board of Secondary Education & Another High Court of Delhi
17-03-2020 The Joint Labour Commissioner and Registering Officer & Another Versus Kesar Lal Supreme Court of India
11-03-2020 Ram Dulari & Another Versus Ram Lal & Another High Court of Himachal Pradesh
29-02-2020 Lal Chand Versus State of H.P. High Court of Himachal Pradesh
27-02-2020 Aman Khattar Versus Jawahar Lal High Court of Delhi
27-02-2020 Manohar Lal Versus State Of Himachal Pradesh High Court of Himachal Pradesh
26-02-2020 M/s. Kiran Cold Storage Pvt. Ltd. Through Director Manohar Lal Ahuja, Uttar Pradesh Versus Yashpal National Consumer Disputes Redressal Commission NCDRC
19-02-2020 M/s. Behari Lal & sons V/S The State of Punjab High Court of Punjab and Haryana
18-02-2020 Dr. Hira Lal Versus State of Bihar & Others Supreme Court of India
18-02-2020 M/s. Girdhari Lal Constructions (P) Ltd. Dwaraka, New Delhi, Registered Office Bhatinda, Punjab, Represented by Its Director, Vikas Mehta Versus Union of India, Represented by Its Secretary, Ministry of Housing & Urban Affairs, New Delhi & Others High Court of Kerala
14-02-2020 New India Assurance Company Ltd. Through Its Duly Constituted Attorney, Manager, Delhi Versus Chaman Lal National Consumer Disputes Redressal Commission NCDRC
13-02-2020 Vikas Panchayat, Gram Boheda Through Sarpanch, Rajasthan Versus Badri Lal & Others National Consumer Disputes Redressal Commission NCDRC
13-02-2020 Ashok Alias Gore Lal Veruss State of U.P. High Court of Judicature at Allahabad
13-02-2020 Jhanak Lal V/S State of Madhya Pradesh High Court of Chattisgarh
11-02-2020 Kanhaiya Lal Versus Lala Ram & Others High Court of Judicature at Allahabad
06-02-2020 Heera Lal Versus State High Court of Rajasthan
05-02-2020 Chhotey Lal @ Chottu Versus State High Court of Delhi
31-01-2020 Manohar Lal Versus State of H.P. & Others High Court of Himachal Pradesh
29-01-2020 Karnveer Singh Versus Panji Lal Damor High Court of Rajasthan Jodhpur Bench
28-01-2020 Mohit Lal Ghosh Versus The State of West Bengal & Others High Court of Judicature at Calcutta
27-01-2020 M/s. Urban Umbrella Development And Management Company Through Its Proprietor/Authorized Signatory, Punjab V/S Pawan Lal & Others National Consumer Disputes Redressal Commission NCDRC
24-01-2020 Lal Mohammed Versus State (Nct of Delhi) High Court of Delhi
24-01-2020 Chuni Lal Versus Munshi Ram & Another Supreme Court of India
23-01-2020 Bajrang Lal Sharma Versus C.K. Mathew & Others Supreme Court of India
22-01-2020 Seema Lal & Others V/S State of Kerala, Represented by The Principal Secretary, Department of Social Welfare, Secretariat, Trivandrum & Others High Court of Kerala
21-01-2020 Kishan Lal Chadha @ Krishan Lal Chadha (Deceased) Versus Anup Chadha High Court of Judicature at Calcutta
17-01-2020 Oriental Insurance Company Ltd, Orissa Versus Achhey Lal High Court of Chhattisgarh
16-01-2020 Rattan Lal Bharadwaj Versus Magma Financial Corporation Ltd. & Another National Consumer Disputes Redressal Commission NCDRC
08-01-2020 Shyam Lal Jayaswal Versus Branch Manager, Oriental Insurance Company Limited & Another Supreme Court of India
06-01-2020 Udhav Lal Versus State of Chhattisgarh, Through- Police Station Sarangarh High Court of Chhattisgarh
03-01-2020 State Bank of India V/S Nand Lal Sokhal and Others. Debts Recovery Tribunal Jaipur
02-01-2020 Manori Lal & Another Versus State of U.P. & Others High Court of Judicature at Allahabad
06-12-2019 Manik Lal Das Versus The State of West Bengal & Others High Court of Judicature at Calcutta
29-11-2019 Chumman Lal Sahu & Another Versus Gopal Ji Singh & Others High Court of Chhattisgarh
21-11-2019 Sham Lal Chabba Versus Om Prakash & Others High Court of Himachal Pradesh
20-11-2019 Chaitu Lal Versus State of Uttarakhand Supreme Court of India
15-11-2019 The Management of M/s. Birla Te Versus Chunni Lal High Court of Delhi
15-11-2019 Municipal Corpn. Of Greater Mumbai (MCGM) Versus Abhilash Lal & Others Supreme Court of India
13-11-2019 Montu Lal Das Gupta V/S The Union of India, Represented by the Secretary, to the Government of India, Ministry of Health, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
11-11-2019 The State of Maharashtra Versus Mohammed Ibrahim Lal Mohammed & Another High Court of Judicature at Bombay
08-11-2019 Avijit Mitra & Others Versus Shankar Lal Roy High Court of Judicature at Calcutta
08-11-2019 Parvati Mohta Through Legal Representatives Versus Mohan Lal Sukhadia University High Court of Rajasthan Jodhpur Bench
05-11-2019 Heera Lal Versus State of Rajasthan, Through PP High Court of Rajasthan Jaipur Bench
04-11-2019 Shyambai Versus Shankar Lal National Consumer Disputes Redressal Commission NCDRC
25-10-2019 Joint Labour Commissioner & Registering Officer & Another Versus Kesar Lal National Consumer Disputes Redressal Commission NCDRC
23-10-2019 Indore Development Authority Versus Manohar Lal & Others Supreme Court of India
22-10-2019 Pratap Lal Teli Versus The State of Maharashtra, through the Public Prosecutor, Home Department, Government of Maharashtra & Others High Court of Judicature at Bombay
19-10-2019 Hori Lal & Another Versus State of Uttar Pradesh High Court of Judicature at Allahabad
18-10-2019 Gopi Lal Sahu Versus State of Chhattisgarh & Others High Court of Chhattisgarh
18-10-2019 Jawahar Lal Jaiswal Versus State of U.P. & Others High Court of Judicature at Allahabad
09-10-2019 Roshan Lal Versus Delhi Jal Board High Court of Delhi
04-10-2019 Ravi Setia Versus Madan Lal & Others Supreme Court of India
26-09-2019 Commissioner of Income Tax Exemption U.P State Cons. & Infra. Versus M/s. Reham Foundation Kandhari Lane Lal Bagh, Lucknow High Court Of Judicature At Allahabad Lucknow Bench
25-09-2019 Rakesh Goel Versus Hira Lal ( Now Deceased) & Another High Court of Delhi
24-09-2019 Sri Ananta Prasad Sahu @ Sri Ananta Lal Sahu Versus Sri Gopal Sahu @ Sri Golao Lal Sahu High Court of Gauhati
18-09-2019 National Insurance Co. Ltd. Versus Rameshwar Lal & Another National Consumer Disputes Redressal Commission NCDRC
17-09-2019 Anshuman Dubey & Another Versus Jawahar Lal Nehru University & Others High Court of Delhi
16-09-2019 Vinod Madan Lal Nawandhar Versus Vidisha Garg & Others High Court of Delhi
11-09-2019 Ami Lal Versus Commandant, 52nd Battalion, Central Reserve Police Force, Manipur & Another High Court of Orissa
09-09-2019 Malkit Kaur Versus Joginder Lal Khurana High Court of Punjab and Haryana
06-09-2019 Chaman Lal Mittal Versus Kamini Sharma High Court of Delhi
05-09-2019 Laxman Lal Latta Versus Kamlesh Parmar & Others High Court of Rajasthan
03-09-2019 Pritam Lal Makhija Versus Akhil Bhartiya Aggarwal Sammelan Thr its Joint Organised Secretary Virender Gupta High Court of Delhi
02-09-2019 Shiv Lal Versus Om Parkash Kashyap High Court of Delhi
02-09-2019 Bharat Lal Meena Versus State of Rajasthan High Court of Rajasthan Jaipur Bench
22-08-2019 Dilip Kumar Mahesh Versus Sundar Lal Maurya High Court Of Judicature At Allahabad Lucknow Bench
21-08-2019 Sunder Lal Versus State High Court of Delhi
20-08-2019 Mewa Lal Choudhary Versus Union of India High Court of Judicature at Patna
13-08-2019 Dhanpat Lal Sharma Versus Bhakra Beas Management Board (BBMB) & Another High Court of Himachal Pradesh
08-08-2019 Hazari Lal Versus Superintending Canal Officer, Bhakra Water Services, Sirsa & Others High Court of Punjab and Haryana
06-08-2019 Nand Lal & Others Versus Bhakra Beas Management Board & Others High Court of Himachal Pradesh
05-08-2019 Panna Lal Gaur & Another Versus State of U.P. High Court of Judicature at Allahabad
01-08-2019 Basant Lal Memorial College of Education Versus National Council For Teacher Education & Others High Court of Delhi
01-08-2019 Moti Lal Daga & Another Versus Govt. of NCT of Delhi & Others High Court of Delhi
29-07-2019 Rajasthan Housing Board Versus Roshan Lal Saini & Others Supreme Court of India
24-07-2019 Bhajan Lal & Others Versus North Delhi Municipal Corporation & Others High Court of Delhi