- (1.) This appeal is directed against the judgment and order dated 21.4.2004 passed by the Punjab and Haryana High Court dismissing the criminal miscellaneous petition filed by the two Appellants herein under Section 482 of the Code of Criminal Procedure, praying for quashing the order dated 21.9.2003 whereby the Appellants were convicted under Section 58 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('Narcotic Drugs and Psychotropic Substances Act').
(2.) The case in hand has a chequerred history. Appellant No. 1 herein was Sub Inspector Rajbir Singh of P.S. Sadar, Dabwali and Appellant No. 2 - Satbir Singh, was the then Tehsildar of Dabwali, District Sirsa, Haryana. They were both prosecution witnesses in connection with a case registered as FIR No. 149 dated 7.8.2002 under Section 17 & 18 of the Narcotic Drugs and Psychotropic Substances Act against one Hanuman son of Net Ram, on the ground that the said Hanuman was in possession of opium in contravention of the aforesaid provisions.
(3.) Appellant No. 1 Rajbir Singh investigated the aforesaid case and filed a charge-sheet against said Hanuman, on the basis of which the trial started. After the trial was concluded, the learned Trial Court not only found that the accused was not guilty of the charge and consequently acquitted him, but also found that the aforesaid initiation and registration of the case against Hanuman was the result and outcome of a conspiracy hatched by S.I. Rajbir Singh and Satbir Singh (PW-2), who was the then Tehsildar of Dabwali, District Sirsa, for putting pressure upon Satpal son of accused Hanuman, to abandon his rights over 75 Kanals of land under his tenancy. The Trial Court held that due to the aforesaid conspiracy for putting pressure upon Satpal, it was decided by the Investigating Officer Rajbir Singh in collusion with the then Tehsildar Satbir Singh, to implicate Hanuman, the father of Satpal in a false case. The Trial Court has referred to the aforesaid conspiracy in its findings in the following manner: It is evident from the case discussion that a conspiracy was hatched by SI Rajbir Singh, then SHO, Police Station Sadar Dabwali and PW Satbir Singh, then Tehsildar-cum-Executive Magistrate, Dabwali for putting pressure upon Shri Satpal son of accused Hanuman Bishnoi to abandon his rights over 75 Kanals of and under his tenancy. It was decided to implicate his father in a totally false case. They perhaps wanted independent corroboration to the official version and hence began the search for the convenient man. The choice naturally fell on PW Duli Chand, the old warhorse who had participated in many a legal battle in the Courts of law and had come to believe by then that he could walk into the Court-room, depose the tutored version and then walk out without remorse, he decided as usual to oblige the SHO of his area and so was implicated a poor, hapless and innocent man in a case under the Narcotic Drugs and Psychotropic Substances Act. A huge quantity of 5 kgs. of opium was planted upon him so that the Court would not ever grant him bail and that the sword of minimum imprisonment of Teh Years and a huge fine of Rs. One Lac would continue hanging over his head for many years. But mysterious are the ways of nature. The trial concluded in less than six months time and overwhelming evidence appeared on record not only to prove the innocence of a hapless victim of brute conspiracy but also the pre-arranged plan crafted by SI Rajbir Singh, SHO, Police Station Sadar, Dabwali and Satbir Singh, Tehsildar-cum-Executive Magistate, Dabwali, whose primary duty is to check injustice being done to the people. It is a fit case to attract the provisions of Section 58 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The players in the conspiracy must have the feel of the noose which they had so skillfully created and they must taste the portion which they had so thoughtfully prepared for innocent Shri Hanuman Bishnoi. SI Rajbir Singh, then SHO, Police Station Sadar, Dabwali and Satbir Singh, Tehsildar-cum-Executive Magistrate, Dabwali are hereby convicted for the commission of an offence punishable under Section 58(1)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. They shall be heard on the quantum of sentence as and when they are produced before this Court.;