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In this case of Surinder Kumar versus State of Punjab, a Criminal Appeal is filed by the sole accused, aggrieved by the judgment dated 22.04.2008 passed in Criminal Appeal No.706-SB of 1999 passed by the High Court of Punjab and Haryana at Chandigarh. In this case Devi Lal, HC (PW-1), Darbara Singh, S.I.(PW-2), along with other police officials were going from Dalbir Khera towards Waryam Khera, in a private jeep, on patrol duty, and when they reached near the bridge of Canal minor, the appellant-accused was seen coming from the opposite direction, carrying a bag in his right hand. On seeing the police party, the appellant-accused turned towards the Southern bank of the canal, but was apprehended on suspicion.
The search of the bag, carried by the accused, in the presence of ASP, Abohar, who was called to the spot, in accordance with the provisions of the law, resulted into recovery of 1 kg 750 grams of opium. Upon seizure, 2 samples of 10 grams each, were separated and the remaining opium was put into the same bag. The samples were duly sealed and taken into possession. Thereafter, Ruqa was sent to the police station, on the basis whereof an FIR was registered. The accused was arrested and after completion of the investigation, he was challaned. On appearance in the court, the documents relied upon by the prosecution were supplied to the accused. A charge under Section 18 of the Act was framed against him, to which he pleaded not guilty and claimed trial. Sessions court by recording a finding that prosecution has proved the guilt of the accused for offence under Section 18 of the Act, in keeping in his possession 1 kg 750 grams of opium in the area of village Dalmir Khera, convicted the appellant, he was sentenced to rigorous imprisonment for 10 years and to pay a fine of Rs.1,00,000/- (Rupees One Lakh) in default, to undergo rigorous imprisonment for one year. Aggrieved by the aforesaid judgment of the Trial Court, the appellant herein has filed a criminal appeal No. 706-SB before High Court of Punjab and Haryana at Chandigarh.
The High Court by impugned judgment dated 22.04.2008, dismissed the appeal filed by the appellant herein and confirmed the judgment and order of sentence dated 20.05.1999, passed by the Special Judge, Ferozepur. Thereby the case reached the supreme court, the supreme court after hearing the case held “ The judgment in the case of Jarnail Singh v. State of Punjab, relied on by the counsel for the respondent-State also supports the case of the prosecution. In the aforesaid judgment, this Court has held that merely because prosecution did not examine any independent witness, would not necessarily lead to conclusion that accused was falsely implicated.
The evidence of official witnesses cannot be distrusted and disbelieved, merely on account of their official status. Therefore the bail bonds are cancelled. He shall surrender within a period of four weeks from today, to serve remaining period of sentence, failing which, the Chief Judicial Magistrate, shall take necessary steps to take the appellant into custody to serve remaining period of sentence.”
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