Mokam Singh vs State of Punjab

Ujagar Singh, J.

The petitioner was apprehended on 10.10.1980 by police party headed by A.S.I. Gulzar Singh and consisting of Head Constable Gurdev Singh and others, which was going for some official duty and for patrol from village Narinderpura towards Railway Station of that village. Near the bridge of a minor in the area of that village, the petitioner tried to run behind but could not succeed. Person of the petitioner was searched and from the bag carried by him, opium wrapped in a glazed paper was recovered and it weighed 5 kgs. Sample of 10 grams was separated and on chemical analysis, it was found to be opium. Recovery memo Ex.PA was prepared vide which this opium was taken into possession. Test report of the opium is Ex.PD. On receipt of ruqa Ex. PB FIR was registered. After trial, the petitioner was convicted under Section 9 of the Opium Act and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/ and in default of payment of fine to further undergo rigorous imprisonment for three months.

The petitioner filed an appeal before the Sessions Court and his only sentence of imprisonment was reduced to six months'' rigorous imprisonment and the sentence of fine and rigorous imprisonment in default of payment of fine were maintained.

The petitioner has challenged his conviction and sentence on various grounds. The learned Counsel argues that Jagtar Singh brother of petitioner had filed a criminal complaint against Inspector Hardev Singh and some police officials of Police Station Mansa and, therefore, the police of that policestation was annoyed with the petitioner because Jagtar Singh refused to withdraw the complaint. Certified copy of the complaint is Ex.PD. The counsel for the petitioner has also drawn my attention that earlier also the petitioner was falsely implicated but was acquitted in appeal. Copy of judgment is Ex.DZ/2. Certified copy of the FIR is Ex.DZ. Due to certain discrepancies in the statements of witnesses besides the above enmity, acceptance of this petition is prayed for.

The discrepancies pointed out to the Sessions Court have been explained in the judgment on the ground that the recovery took place on 10.10.1980 and both the witnesses appeared in the trial Court on 9.12.1982 and, therefore, due to passage of time human memory has faded and nothing turns on these discrepancies. This sort of explanation is always taken resort to by the prosecution. In this case the witnesses appeared in the Court after more than two years of the recovery and in this lapse of time petitioner cannot be said to be at fault and if discrepancies have crept in the benefit has to be given to the petitioner and not to the prosecution on the grounds stated. The latest trend of criminology is to expedite the trial and it is no excuse on the part of the prosecution that the trials are delayed and prosecution witnesses are examined after lapse of so much period and then to argue that the discrepancies pointed out are due to fading of memory.

Recovery in this case is said to have taken place on 10.10.1980. The petitioner was challaned only vide challan No. 430 dated 15.6.1981 and the trial Court decided the case on 12.11.1984. The Court of Sessions dismissed the appeal on 13.6.1985. The petitioner was bailed out vide order dated 1.8.1985 passed by this Court and since then the petitioner is on bail. Almost 31/2 years have elapsed. This period right from 10.10.1980 till today is only harassment and strain for the petitioner and in this view of the matter the orders of the courts below are quashed without going into the merits of the case. This petition is thus disposed of.