As per case facts, the State appealed the acquittal of Ramehar and Sube Singh in an NDPS Act case. Police recovered 1000 kg of 'Ganja' from a 'Canter' and apprehended ...
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IN THE HIGH COURT OF PUNJAB AND HARYANAIN THE HIGH COURT OF PUNJAB AND HARYANAIN THE HIGH COURT OF PUNJAB AND HARYANAIN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARHAT CHANDIGARHAT CHANDIGARHAT CHANDIGARH
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Reserved on:Reserved on:Reserved on:Reserved on:---- 11.03.202511.03.202511.03.202511.03.2025
Pronounced on:Pronounced on:Pronounced on:Pronounced on:---- 29.05.202529.05.202529.05.202529.05.2025
STATE OF HARYANASTATE OF HARYANASTATE OF HARYANASTATE OF HARYANA
….APPELLANT….APPELLANT….APPELLANT….APPELLANT
vs. vs. vs. vs.
RAMEHAR AND ANOTHER RAMEHAR AND ANOTHER RAMEHAR AND ANOTHER RAMEHAR AND ANOTHER
...RESPONDENTS...RESPONDENTS...RESPONDENTS...RESPONDENTS
CORAM:CORAM:CORAM:CORAM: HON’BLE MR. JUSTICE DEEPAK SIBALHON’BLE MR. JUSTICE DEEPAK SIBALHON’BLE MR. JUSTICE DEEPAK SIBALHON’BLE MR. JUSTICE DEEPAK SIBAL
HONBLE MS. JUSTICE HARPREET KAUR JEEWANHONBLE MS. JUSTICE HARPREET KAUR JEEWANHONBLE MS. JUSTICE HARPREET KAUR JEEWANHONBLE MS. JUSTICE HARPREET KAUR JEEWAN
****
(As on the reserved date)
Present:- Mr. Vikrant Pamboo, Sr. D.A.G, Haryana,
for the appellant-State.
****
HARPREET KAUR JEEWAN, J.HARPREET KAUR JEEWAN, J.HARPREET KAUR JEEWAN, J.HARPREET KAUR JEEWAN, J.
1. The State has filed an application under Section 378 (3) of the
Code of Criminal Procedure, 1973 for grant of Leave to Appeal to
challenge the findings of acquittal recorded by the learned Additional
Sessions Judge, Jhajjar, whereby the respondents Ramehar and Sube Singh
were acquitted of the charges framed against them in FIR No. 31, dated
26.01.2020, registered under Section 20(c) of the Narcotic Drugs and
Psychotropic Substances Act, 1985 (for short
‘the Act of 1985’) at Police
Station City, District Jhajjar, vide its judgment dated 16.04.2024.
2. As per the prosecution version, on 26.01.2020, ASI Naresh
Kumar (PW-9), while he was present at Sampla Road Flyover, Jhajjar
Road, Byepass, Jhajjar, received a secret information that a
‘Canter’
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bearing registration No. HR-65-A-9707 is parked at the Bus Stand of
Village Surkhpur towards Jhajjar side. Sube Singh-Driver and Rambir-
Conductor are also present and they have loaded huge quantity of ‘
Ganja’
belonging to Surjeet @ Jeetu in the said
‘Canter’ and if a raid is conducted,
they can be apprehended with the consignment of
‘Ganja’. On the basis of
the said information ASI Naresh Kumar (PW-9) recorded a notice (Ex. P-1)
and sent the same to the police station upon which GD No. 007, dated
26.01.2020 (Ex. P-2) was registered in Police Station City, District Jhajjar.
2.1 ASI Naresh Kumar (PW-9) along with the other police
officials reached the disclosed place and found the said
‘Canter’ parked.
The raiding party apprehended one person who disclosed his name as
Surjeet @ Jeetu, son of Radheshyam @ Shyama Bhadu Bishnoi, resident of
Village Budhakhera Police Station Uklana, District Hisar, whereas the
other two persons managed to escape. After serving notice under Section
80 of the Act of 1985, DSP Shamsher Singh (PW-5) was called on the spot.
On the search of the
‘Canter’, 50 plastic bags were recovered containing
‘
Ganja Patti’ which on weighing was found 1000 kg. The recovered
‘
Ganja’ was converted into sealed parcels and seal of Mark ‘DK’ was
affixed by ASI Naresh Kumar (PW-9). Sh. Shamsher Singh, DSP (PW-5)
also affixed his seal Mark ‘BS’ on each parcel. The Investigating Officer,
ASI Naresh Kumar (PW-9) handed over his seal to ESI Purshotam (PW-
13). Thereafter,
‘Tehrir’ (Ex.P-9) was sent to the police station, upon which
a formal FIR was registered by SI Krishan Kumar (PW-10), who conducted
the remaining investigation. ASI Naresh Kumar (PW-9) handed over the
case file, case property and the accused Surjeet @ Jeetu to SI Krishan
Kumar (PW-10), who verified the facts and formally arrested accused
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Surjeet @ Jeetu. Personal search memo of accused Surjeet @ Jeetu was
prepared. Statements of witnesses were recorded and SI Krishan Kumar
(PW-10) produced the case property, accused Surjeet @ Jeetu and the
witnesses before the DSP Raj Kumar (PW-4), who further verified the facts
from the witnesses and put his seal ‘SR’ on the sealed parcels of the case
property and also prepared verification report (Ex. P-4).
2.2 On 27.01.2020, the investigating officer, SI Krishan Kumar
(PW-10) produced the accused Surjeet @ Jeetu, as well as the case
property along with the inventory before the learned Chief Judicial
Magistrate, Jhajjar, who verified the case property and passed the order
(Ex. P-16) after getting the photographs of the case property. Two samples
of the case property, measuring 200 grams each were also drawn by the
CJM and these were taken into possession, vide recovery memo (Ex. P-19).
Thereafter, the case property was deposited in the ‘
Malkhana’ of Police
Station City, District Jhajjar.
2.3 On 28.01.2020 accused Surjeet @ Jeetu suffered a disclosure
statement and disclosed the involvement of remaining accused, i.e. the
respondents Ramehar and Sube Singh.
2.4 On 29.04.2020 accused Sube Singh was arrested and on
30.09.2021 accused Ramehar was arrested. Statement of witnesses were
recorded. After completion of the investigation, final report ‘
challan’ under
the provisions of Section 173 Cr.P.C. was presented and accused Surjeet @
Jeetu, Ramehar and Sube Singh were put to trial.
2.5 C
opies of the documents under Section 207 Cr.P.C were
supplied to the accused and charge under Section 20 of the Act of 1985 was
framed against them, to which they pleaded not guilty and claimed trial.
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3. In order to prove the case, prosecution examined ASI Sunil
Kumar PW-1, Constable Ajit Kumar PW-2, Inspector Bijender PW-3, DSP
Raj Kumar (PW-4), DSP Shamsher (PW-5), ASI Sandeep (PW-6), Rajpal
(PW-7), EHC Rohtash (PW-8), ASI Naresh Kumar (PW-9), SI Krishan
Kumar (PW-10), ASI Gauram (PW-11), HC Virender (PW-12), ESI
Purshotam (PW-13), ASI Paramjeet (PW-14), Jasbir (PW-15), Vijay
(PW-16), SI Mahender (PW-17), Ashish (PW-18), ASI Amit Kumar
(PW-19), Satyawan (PW-20), Sh. Jitender (PW-21), SI Rajbir Singh
(PW-22) and Aman Rishi (PW-23). The accused alleged false implication
in their statements recorded under Section 313 of the Cr.P.C. However,
they did not lead any evidence in defence of the same.
4. After appreciating the evidence on record, the trial Court
convicted accused Surjeet @ Jeetu under Section 20 of the Act of 1985
vide its judgment, dated 16.04.2024 and sentenced him to undergo rigorous
imprisonment for a period of 20 years and also to pay a fine of
Rs.2,00,000/- and in case of default of payment of fine, to further undergo
simple imprisonment for a period of 03 years, vide its order of sentence,
dated 19.04.2024. However, giving the benefit of doubt, the trial Court
acquitted the respondents Sube Singh and Ramehar by recording the
following reasons:-
i. The identification features of two persons who escaped from the spot
are neither mentioned or described by the Investigation Officer ASI
Naresh Kumar (PW-9) nor by any other witnesses;
ii. Merely mentioning the names of Ramehar and Sube Singh in the
‘Tehrir’ (Ex. P-9) has no weightage as it was only on the basis of a
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secret information and there is no evidence on record that accused
Ramehar and Sube Singh were in any manner earlier known to the
secret informer;
iii. No Test Identification Parade was conducted to prove the identity of
accused-respondents Ramehar and Sube Singh and deposition of
Investigating Officer ASI Naresh Kumar (PW-9) and the recovery
witness ESI Purshotam (PW-13), as such cannot be made a ground
to convict them. The trial Court has also placed reliance upon the
decision of the Hon’ble Apex Court in Sasi and othersSasi and othersSasi and othersSasi and others vs. State of State of State of State of
KeralaKeralaKeralaKerala 2000 (10) SCC 360; and
iv. The disclosure statement of accused Surjeet @ Jeetu (Ex.P-24)
cannot be used against respondents-accused Ramehar and Sube
Singh, since no material recovery was effected on the basis of the
said disclosure statement. Reliance was also placed upon the
decision of the Hon’ble Apex Court in Surinder Kumar KhannaSurinder Kumar KhannaSurinder Kumar KhannaSurinder Kumar Khanna vs.
Intelligence Officer Directorate of Revenue IntelligenceIntelligence Officer Directorate of Revenue IntelligenceIntelligence Officer Directorate of Revenue IntelligenceIntelligence Officer Directorate of Revenue Intelligence 2018 (3)
RCR (Criminal) 954.
5. Learned counsel for the appellant-State submits that the
findings of the trial Court recording acquittal of the respondents is
erroneous and not based on evidence on record The trial Court has ignored
the evidence that it was specifically mentioned in the notice sent under
Section 42 of the NDPS Act (P-1) that Sube Singh was the driver of the
‘Canter’ and even the registration number of the ‘Canter’ is mentioned.
The trial Court has not even appreciated the testimony of PW-9 ASI Naresh
Kumar and PW-13, ESI Purshotam who have categorically deposed that on
reaching the spot, three persons were found standing but on seeing the
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police party, respondent-accused-Sube Singh son of Om Parkash and
another accused-Ramehar (who is yet to be arrested) ran away from the
spot towards mustard crop fields. It is further contended that even in the
secret information, name of Sube Singh, respondent was disclosed which
was even mentioned in the
Tehrir (Ex.P-9). Huge quantity of contraband
was recovered. The trial Court has ignored the substantial evidence on
record.
6. We have considered the aforesaid contentions and perused the
paper-book as well as the record of the trial Court.
7. The facts and circumstances of each case have to be
appreciated on the basis of evidence available on record. The Hon’ble
Apex Court has laid down the law on the scope of enquiry by an Appellate
Court while dealing with an appeal against acquittal under Section 378
Cr.P.C., 1973. The Hon’ble Apex Court in Mohan @ Srinivas @ Seena @ Mohan @ Srinivas @ Seena @ Mohan @ Srinivas @ Seena @ Mohan @ Srinivas @ Seena @
Tailor Seena v. State of KarnatakaTailor Seena v. State of KarnatakaTailor Seena v. State of KarnatakaTailor Seena v. State of Karnataka, (SC) 2022(1) R.C.R.(Criminal) 493,
dealt with such scope and observed that the findings of fact recorded by a
Court can be held to be perverse if the findings have been arrived at by
ignoring or excluding relevant material or by taking into consideration
irrelevant/inadmissible material. The findings may also be said to be
perverse if it is “against the weight of evidence”, if the finding so
outrageously defies logic has to suffer from vice of irrationality. While
dealing with the observations laid down in various judgments on the scope
of the Appellate Court to deal with an appeal against acquittal, the
observations of the Apex Court are as under:-
“
23.This court, time and again has laid down the law on the scope of
inquiry by an Appellate court while dealing with an appeal against
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acquittal under Section 378 CrPC. We do not wish to multiply the
aforesaid principle except placing reliance on a recent decision of this
court in Anwar Ali and Anr. v. State of Himachal Pradesh, (2020) 10
SCC 166:
14.2. When can the findings of fact recorded by a court be held to be
perverse has been dealt with and considered in paragraph 20 of the
aforesaid decision, which reads as under:
“20. The findings of fact recorded by a court can be held to be
perverse if the findings have been arrived at by ignoring or
excluding relevant material or by taking into consideration
irrelevant/inadmissible material. The finding may also be said to
be perverse if it is “against the weight of evidence”, or if the
finding so outrageously defies logic as to suffer from the vice of
irrationality. (Vide Rajinder Kumar Kindra v. Delhi Admn.
[Rajinder Kumar Kindra v. Delhi Admn., (1984) 4 SCC 635 :
1985 SCC (L&S) 131] , Excise & Taxation Officer-cum-
Assessing Authority v. Gopi Nath & Sons [Excise & Taxation
Officer-cum-Assessing Authority v. Gopi Nath & Sons, 1992
Supp (2) SCC 312] , Triveni Rubber & Plastics v. CCE [Triveni
Rubber & Plastics v. CCE, 1994 10 Supp (3) SCC 665] , Gaya
Din v. Hanuman Prasad [Gaya Din v. Hanuman Prasad, (2001) 1
SCC 501] , Aruvelu [Arulvelu v. State, (2009) 10 SCC 206 :
(2010) 1 SCC (Cri) 288] and Gamini Bala Koteswara Rao v. State
of A.P. [Gamini Bala Koteswara Rao v. State of A.P., (2009) 10
SCC 636 : (2010) 1 SCC (Cri) 372] )” It is further observed, after
following the decision of this Court in Kuldeep Singh v. Commr.
of Police [Kuldeep Singh v. Commr. of Police, (1999) 2 SCC 10:
1999 SCC (L&S) 429], that if a decision is arrived at on the basis
of no evidence or thoroughly unreliable evidence and no
reasonable person would act upon it, the order would be perverse.
But if there is some evidence on record which is acceptable and
which could be relied upon, the conclusions would not be treated
as perverse and the findings would not be interfered with.
14.3. In the recent decision of Vijay Mohan Singh [Vijay Mohan Singh
v. State of Karnataka, (2019) 5 SCC 436: (2019) 2 SCC (Cri) 586], this
Court again had an occasion to consider the scope of Section 378 CrPC
and the interference by the High Court [State of Karnataka v. Vijay
Mohan Singh, 2013 SCC OnLine Kar 10732] in an appeal against
acquittal. This Court considered a catena of decisions of this Court right
from 1952 onwards. In para 31, it is observed and held as under:
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“31. An identical question came to be considered before this
Court in Umedbhai Jadavbhai [Umedbhai Jadavbhai v. State of
Gujarat, (1978) 1 SCC 228: 1978 SCC (Cri) 108]. In the case
before this Court, the High Court interfered with the order of
acquittal passed by the learned trial court on reappreciation of the
entire evidence on record. However, the High Court, while
reversing the acquittal, did not consider the reasons given by the
learned trial court while acquitting the accused. Confirming the
judgment of the High Court, this Court observed and held in para
10 as under:
‘10. Once the appeal was rightly entertained against the
order of acquittal, the High Court was entitled to
reappreciate the entire evidence independently and come
to its own conclusion. 11 Ordinarily, the High Court
would give due importance to the opinion of the Sessions
Judge if the same were arrived at after proper appreciation
of the evidence. This rule will not be applicable in the
present case where the Sessions Judge has made an
absolutely wrong assumption of a very material and
clinching aspect in the peculiar circumstances of the case.’
31.1. In Sambasivan [Sambasivan v. State of Kerala, (1998) 5
SCC 412: 1998 SCC (Cri) 1320], the High Court reversed the
order of acquittal passed by the learned trial court and held the
accused guilty on reappreciation of the entire evidence on record,
however, the High Court did not record its conclusion on the
question whether the approach of the trial court in dealing with
the evidence was patently illegal or the conclusions arrived at by
it were wholly untenable. Confirming the order passed by the
High Court convicting the accused on reversal of the acquittal
passed by the learned trial court, after being satisfied that the
order of acquittal passed by the learned trial court was perverse
and suffered from infirmities, this Court declined to interfere with
the order of conviction passed by the High Court. While
confirming the order of conviction passed by the High Court, this
Court observed in para 8 as under:
‘8. We have perused the judgment under appeal to
ascertain whether the High Court has conformed to the
aforementioned principles. We find that the High Court
has not strictly proceeded in the manner laid down by this
Court in Doshi case [Ramesh Babulal Doshi v. State of
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Gujarat, (1996) 9 SCC 225 : 1996 SCC (Cri) 972] viz. first
recording its conclusion on the question whether the
approach of the trial court in dealing with the evidence
was patently illegal or the conclusions arrived at by it
were wholly untenable, which alone will justify
interference in an order of acquittal though the High Court
has rendered a well-considered judgment duly meeting all
the contentions raised before it. But then will this non-
compliance per se justify setting aside the judgment under
appeal? We think, not. In our view, in such a case, the
approach of the court which 12 is considering the validity
of the judgment of an appellate court which has reversed
the order of acquittal passed by the trial court, should be to
satisfy itself if the approach of the trial court in dealing
with the evidence was patently illegal or conclusions
arrived at by it are demonstrably unsustainable and
whether the judgment of the appellate court is free from
those infirmities; if so to hold that the trial court judgment
warranted interference. In such a case, there is obviously
no reason why the appellate court's judgment should be
disturbed. But if on the other hand the court comes to the
conclusion that the judgment of the trial court does not
suffer from any infirmity, it cannot but be held that the
interference by the appellate court in the order of acquittal
was not justified; then in such a case the judgment of the
appellate court has to be set aside as of the two reasonable
views, the one in support of the acquittal alone has to
stand. Having regard to the above discussion, we shall
proceed to examine the judgment of the trial court in this
case.’
31.2. In K. Ramakrishnan Unnithan [K. Ramakrishnan Unnithan
v. State of Kerala, (1999) 3 SCC 309 : 1999 SCC (Cri) 410] ,
after observing that though there is some substance in the
grievance of the learned counsel appearing on behalf of the
accused that the High Court has not adverted to all the reasons
given by the trial Judge for according an order of acquittal, this
Court refused to set aside the order of conviction passed by the
High Court after having found that the approach of the Sessions
Judge in recording the order of acquittal was not proper and the
conclusion arrived at by the learned Sessions Judge on several
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aspects was unsustainable. This Court further observed that as the
Sessions Judge was not justified in discarding the
relevant/material evidence while acquitting the accused, the High
Court, therefore, was fully entitled to reappreciate the evidence
and record its own conclusion. This Court scrutinised the
evidence of the eyewitnesses and opined that reasons adduced by
the trial court for discarding the testimony of the eyewitnesses
were not at all sound. This Court also observed that as the
evaluation of the evidence made by the trial court was manifestly
erroneous and 13 therefore it was the duty of the High Court to
interfere with an order of acquittal passed by the learned Sessions
Judge.
31.3. In Atley [Atley v. State of U.P., AIR 1955 SC 807: 1955 Cri
LJ 1653], in para 5, this Court observed and held as under: ‘5. It
has been argued by the learned counsel for the appellant that the
judgment of the trial court being one of acquittal, the High Court
should not have set it aside on mere appreciation of the evidence
led on behalf of the prosecution unless it came to the conclusion
that the judgment of the trial Judge was perverse. In our opinion,
it is not correct to say that unless the appellate court in an appeal
under Section 417 CrPC came to the conclusion that the judgment
of acquittal under appeal was perverse it could not set aside that
order. It has been laid down by this Court that it is open to the
High Court on an appeal against an order of acquittal to review
the entire evidence and to come to its own conclusion, of course,
keeping in view the well-established rule that the presumption of
innocence of the accused is not weakened but strengthened by the
judgment of acquittal passed by the trial court which had the
advantage of observing the demeanour of witnesses whose
evidence have been recorded in its presence. It is also well settled
that the court of appeal has as wide powers of appreciation of
evidence in an appeal against an order of acquittal as in the case
of an appeal against an order of conviction, subject to the riders
that the presumption of innocence with which the accused person
starts in the trial court continues even up to the appellate stage
and that the appellate court should attach due weight to the
opinion of the trial court which recorded the order of acquittal. If
the appellate court reviews the evidence, keeping those principles
in mind, and comes to a contrary conclusion, the judgment cannot
be said to have been vitiated. (See in this connection the very
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cases cited at the Bar, namely, Surajpal Singh v. State [Surajpal
Singh v. State, 1951 SCC 1207: AIR 14 1952 SC 52]; Wilayat
Khan v. State of U.P. [Wilayat Khan v. State of U.P., 1951 SCC
898: AIR 1953 SC 122]) In our opinion, there is no substance in
the contention raised on behalf of the appellant that the High
Court was not justified in reviewing the entire evidence and
coming to its own conclusions.’
31.4. In K. Gopal Reddy [K. Gopal Reddy v. State of A.P., (1979)
1 SCC 355: 1979 SCC (Cri) 305], this Court has observed that
where the trial court allows itself to be beset with fanciful doubts,
rejects creditworthy evidence for slender reasons and takes a view
of the evidence which is but barely possible, it is the obvious duty
of the High Court to interfere in the interest of justice, lest the
administration of justice be brought to ridicule.”
8. Coming to the facts of the present case, we have observed that
only Surjeet @ Jeetu was apprehended by the Police party at the spot while
the contraband was recovered from the
‘Canter’. Though, the name of
respondent-Sube Singh is recorded in the notice Ex.P1/GD recorded in the
police station Ex.P2, however such recital in the said GDR was made only
on the basis of the secret information. Neither the respondent-Sube Singh
nor Rammehar were apprehended at the spot nor subsequently after their
arrest, any recovery was effected from them.
9. The investigating agency has tried to link Sube Singh,
respondent on the basis of his name having been disclosed by the secret
informer and as such reflected in
Tehrir (Ex.P-9) and GDR (Ex.P-2). Such
recital recorded on the basis of secret information cannot be considered as
substantial piece of evidence to hold a person guilty of a criminal charge.
10. The prosecution has further tried to link the respondent-Sube
Singh on the basis of the testimony of PW-9, Naresh Kumar, the initial
Investigating Officer and PW-13, ESI Parshottam, the recovery witness. In
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this regard, we have perused testimony of PW-9, ASI Naresh Kumar. He
has stated that when they reached the spot, they found the said
‘Canter’
parked and three persons standing there were engaged in conversation with
each other. Two of them fled away, but one of them was apprehended who
disclosed his name as Surjeet @ Jeetu. The said witness has categorically
stated that the name of the other two persons, who ran away was disclosed
by co-accused Surjeet @ Jeetu. In view of such testimony of PW-9, the
only inference can be drawn that he is only relying upon the testimony of
the co-accused Surjeet @ Jeetu to implicate the respondent Sube Singh.
The witness has nowhere disclosed the identification characters of the said
two persons who allegedly ran away at the time of apprehension of accused
Surjeet @ Jeetu. Moreover, it is highly improbable that two accused would
be able to run away on foot, whereas, the members of the police party
were six in number, i.e. ASI Naresh Kumar, PW-9, ESI Purshotam, HC
Naveen, Ct. Vivek, Ct. Ajit and Ct. Varinder and they were also having a
Government vehicle bearing Registration No. HR14-N-6682 which was
being driven by Constable Navneet Kumar as per the testimony of PW-9.
In view of such improbable facts narrated by PW-9, the complicity of Sube
Singh cannot be proved merely on the basis of the alleged disclosure of his
name by the co-accused.
11. The prosecution has also relied upon the disclosure statement
of Sube Singh, Ex.P22, to show his involvement. It is not disputed that no
recovery from Sube Singh was effected on the basis of the alleged
disclosure statement. The facts as disclosed in Ex.P22 are also not
corroborated on any material points by any other material evidence on
record.
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12. Against the respondent Ramehar, the prosecution has alleged
that he arranged the funds for procuring the contraband which was
recovered from the spot in the said
‘Canter’. In this regard, the prosecution
has relied upon the disclosure statement of the co-accused, Surjeet @ Jeetu
(Ex.P-24) and the disclosure statement of respondent-Ramehar (Ex.P-34).
It is not disputed that on the basis of the said disclosure statement, no
recovery was effected. So far as the disclosure statement of respondent
Ramehar is concerned, it is in the nature of a confessional statement having
been recorded by the Investigating Officer (a police officer) during the
investigation, when the accused was in custody. Such a statement is
inadmissible in evidence in view of the provisions of Section 25 of the
Indian Evidence Act, 1872 (for short, ‘the Act of 1872’), which reads as
under:-
“25. Confession to police officer not to be proved. – No confession
made to a police officer, shall be proved as against a person accused of
any offence.”
13. Only a part of such a statement could have been admissible
under Section 27 of the Act of 1872 if it leads to discovery of some new
facts or recovery of further evidence, whereas, in the present case, no such
discovery in pursuance to such confession took place.
14. So far as the disclosure statement of a co-accused is
concerned, the trial Court has disbelieved such an evidence on the ground
that no test identification parade was conducted. Relying upon the ratio of
the decision of Hon’ble Apex Court in SasiSasiSasiSasi’s case’s case’s case’s case (supra), the trial Court
disbelieved the prosecution evidence regarding the respondents. As per the
facts of the said case, none of the appellants was caught at the spot,
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although the witnesses examined in the Court stated that they all fled from
the scene and disappeared into the thick forest, no test identification parade
was conducted. The Hon’ble Apex Court held that in such circumstances,
it is most unsafe to believe the evidence of identification made by the
witnesses who simply deposed that they were the persons whom they saw
running fast and disappearing into dense forests. The observations of the
Apex Court read as under:-
“9. But the position regarding the remaining appellants is different.
None of them was caught by the Forest Officers who went to the spot.
All the witnesses examined for proving that fact have said in court that
they all fled from the scene and disappeared into the thick forest. Four
years thereafter those witnesses said in court that those escaped persons
were A-2 to A-5 in this case. None of those witnesses had a case that A-
2 to A-5 were known to them earlier. None of them had any case that
any of those accused was shown to these witnesses subsequently. No test
identification parade was conducted either. In such circumstances it is
most unsafe to believe the evidence of identification made by PWs 1 to 3
in the Court simply because they deposed that A-2 to A-5 were the
persons whom they saw running fast and disappearing into the dense
forest.”
15. In view of the above discussion, it is concluded that the
findings arrived at by the trial Court are based on evidence available on
record and after proper appreciation of facts and circumstances of the case.
Merely on the basis of disclosure statement of the co-accused and
confessional statements of the accused without there being any
corroboration on material points, the accused cannot be held guilty. In
view of the scope of the present appeal, as per the principles laid down by
Hon’ble the Apex Court in MohanMohanMohanMohan’s case’s case’s case’s case (supra), we are of the considered
opinion that no
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grounds are made out for interference in the well-reasoned judgment
passed by the trial Court.
16. Consequently, the leave is declined to the State and present
application stands dismissed.
17. Accordingly the present appeal also stands dismissed.
(DEEPAK SIBAL)(DEEPAK SIBAL)(DEEPAK SIBAL)(DEEPAK SIBAL) (HARPREET(HARPREET(HARPREET(HARPREET KAUR JEEWAN)KAUR JEEWAN)KAUR JEEWAN)KAUR JEEWAN)
JUDGEJUDGEJUDGEJUDGE JUDGEJUDGEJUDGEJUDGE
29.05.29.05.29.05.29.05.2025202520252025
Nitin/atulsethi
Whether Speaking Yes/No
Whether Reportable Yes/No
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