Mukesh Kumar vs State of Punjab

Learned State counsel has filed affidavit dated 09.3.2012 of Sh. Surinder Pal Khanna, PPS, Superintendent Central Jail, Jalandhar mentioning the period of imprisonment undergone by the applicant/appellant Mukesh Kumar in Court today which is taken on record. Heard counsel for the parties.

The Crl. Misc. application has been filed seeking suspension of sentence of the applicant/appellant Mukesh Kumar during the pendency of the appeal.

The prosecution case is registered on the basis of memo sent by Inspector/SHO Jaskiranjit Singh, Police Station Phillaur (PW3) on 23.8.2006 stating that on the said day he along with other police officials was present near Sutlej Bridge, Phillaur in connection with a special barricade that had been set up. There he received secret information that Darshan Singh, Pardeep Kumar and Mukesh Kumar (applicant/appellant) were carrying poppy husk in LP Truck No. HR 61-2335 for supplying it in the area of Nawanshahr. In the meantime, Amrit Bhakhri also met the police party and he was joined with it. After a few minutes, the truck regarding which secret information had been received was seen coming from Ludhiana side. It was signalled to stop. Three persons namely Darshan Singh, Pardeep Kumar and Mukesh Kumar (applicant/appellant) were found present in the truck. Darshan Kumar was driving the truck, while Pardeep Kumar and Mukesh Kumar (applicant/appellant) were sitting by his side. After complying with necessary formalities, the truck was searched by Inspector/SHO Jaskiranjit Singh, Police Station Phillaur (PW3) in the presence of Gursharandeep Singh, DSP Sub-Division, Phillaur. On search of the truck, 15 bags of poppy husk were recovered which were covered under the tarpaulin. On weighing, each bag was found to contain 35 kgs of poppy husk.

Learned counsel for the applicant/appellant Mukesh Kumar has submitted that the applicant/appellant was merely sitting by the side of the driver in the truck that is said to have been apprehended and he cannot be said to be in conscious possession of the contraband that was recovered. Besides, it is submitted that the sentence of imprisonment of 12 years that has been imposed in any case is unduly harsh and is not commensurate with the gravity of the offence.

In response, learned State counsel has submitted that the applicant/appellant Mukesh Kumar was apprehended along with his co-accused. He was sitting in the truck in which 15 bags each weighing 35 kgs of poppy husk were being transported. Therefore, it cannot be said that the applicant/appellant Mukesh Kumar was unaware that contraband was being carried in the truck.

We have given our thoughtful consideration to the matter. In terms of the affidavit of Sh. Surinder Pal Khanna, PPS, Superintendent Central Jail, Jalandhar, the applicant/appellant Mukesh Kumar has undergone imprisonment of five years, six months and thirteen days as on 9.3.2012 out of the sentence of 12 years that has been imposed. There is no other case pending against him. The question whether the applicant/appellant was in conscious possession of the contraband that was recovered is to be considered at the time of final hearing of the appeal. The appeal is not likely to mature for hearing in the near future. Keeping in view the nature of allegations, the period of imprisonment undergone by the applicant/appellant and also the fact that he is not involved in any other case, it would be just and expedient to suspend the sentence of his imprisonment during the pendency of the appeal. Accordingly, the Crl. Misc. application is allowed and the sentence of imprisonment of the applicant/appellant Mukesh Kumar shall, during the pendency of the appeal, remain suspended subject to his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Jalandhar.