PUNJAB &HARYANA HIGH COURT
ARJUN SINGH @ MARRA AND ANOTHER
VERSUS
STATE OF PUNJAB
2023:PHHC:096901
CORAM : HON’BLE MR. JUSTICE HARPREET SINGH BRAR
28.07.2023
INTRODUCTIONarjunsinghandanrvsstateofpunjabon28july2023-483979
The appeals are filed against the judgment of conviction and the sentencing order dated February 5, 2014. In that judgment, the appellants were found guilty and convicted for an offense under Section 15 of the Act. They were sentenced to undergo rigorous imprisonment for a period of 10 years each and were also ordered to pay a fine of Rs. 1,00,000/-. In case of default in payment of the fine, they were further sentenced to undergo rigorous imprisonment for an additional period of 2 years.
FACTS:
The essential details of the case are as follows: On August 18, 2007, SI/SHO Makhan Singh, the investigating officer, was patrolling the area near the canal bridge in Athwal. He received a confidential tip that Sukhwinder Singh alias Billa, Arjun Singh alias Marra, and Manohar Lal were involved in the sale of poppy husk and other intoxicants.
The three suspects were found sitting on bags of poppy husk near Mogha Drain Distributary in the village of Mehmadpur, waiting for a vehicle. The investigating officer immediately informed Ajaib Singh DSP, Qadian, about the situation and requested his presence. Following the tip-off, the investigating officer conducted a raid on the location and apprehended the three suspects with the assistance of other police officials when they attempted to flee. During interrogation, they confirmed their identities as mentioned earlier. The suspects were informed about the suspicion of possessing poppy husk and intoxicants and were given the option to be searched in the presence of a Gazetted Officer or a Magistrate.
They consented to be searched by a Gazetted Officer, and dissent memos were prepared. DSP, Qadian, arrived at the scene, disclosed his identity, and obtained consent from the suspects before conducting the search. Upon request, the investigating officer opened the six bags, which resulted in the discovery of 145 kg of poppy husk. Samples were taken and sealed as evidence. The case property was seized, and a written report was sent to the police station through Constable Harjinder Singh, based on which a formal FIR was registered. The accused were immediately arrested at the location. After completing the necessary investigation formalities, a report under Section 173 Cr.P.C. was prepared and presented in court.Court analysis and decision.
COURT ANALYSIS & DECISION:
The foundation of justice lies in the trust and faith of the public. It is crucial that every accused person is provided with procedural safeguards, and investigating agencies must adhere to these safeguards without deviation. Therefore, the right to a fair trial, as guaranteed by Article 21 of the Constitution, becomes even more essential in the dispensation of justice. In this process, the investigating officer plays a pivotal role in the criminal justice delivery system. Articles 14, 21, and 39-A of the Constitution impose an obligation on the investigating officer to ensure fair investigation by following procedural safeguards.
Considering the above discussion, the appeals mentioned earlier were allowed, indicating that the court has ruled in favor of the appellants.
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