DAYA CHAUDHARY, J. - (1.) INITIALLY , there were four accused, namely, Dalwinder Singh( the present appellant), Satnam Singh alias Bittu, Pargat Singh alias Baggu and Sher Singh alias Sheru. Two accused, namely, Pargat Singh alias Baggu and Sher Singh alias Sheru were declared proclaimed offenders. Challan was presented against two of accused and they were convicted by the trial Court vide judgment dated 30.9.2004 for offence under Section 15 of NDPS Act,1985 and sentenced to undergo RI for ten years and to pay a fine of Rs.1 lac each on 1.10.2004. Thereafter three separate appeals were filed by Dalwinder Singh, Satnam Singh and Pargat Singh alias Baggu before this Court i.e. Criminal Appeal No.S -920 -SB of 2005, Crl.Appeal No.S -845 -SB of 2005 and Criminal Appeal No.S -3155 -SB of 2009, respectively. All the said appeals were disposed of by one judgment dated 11.5.2010. The appeal filed by Satnam Singh alias Bittu was allowed and he was acquitted of the charges by giving benefit of doubt. Crl.Appeal No.S -920 -SB of 2005 and Crl.Appeal No.S -3155 -SB of 2009 filed by appellants Dalwinder Singh, Pargat Singh alias Baggu were dismissed.
(2.) ACCUSED Dalwinder Singh approached the Hon'ble Supreme Court of India by way of filing Crl. Appeal No.225 of 2012 arising out of SLP (Crl.) No.4186 of 2011 and the judgment dated 11.5.2010 passed by this Court in Crl.Appeal No.S -920 -SB of 2005 was set aside with a direction to this Court for re -hearing of the appeal after giving an opportunity of being heard to the appellant. It was also mentioned that nothing was said as to the merits of the case and the matter is to be considered afresh. Briefly the facts of the prosecution version, which are necessary for disposal of this appeal are that on 2002, SI Sultan Singh along with some police officials reached village Majri in a government jeep which was being driven by Constable Raj Kumar as were on patrol duty at that time. On reaching village Hansu Majra, a canter was seen coming from the side of village Agondh. On seeing the police party, the driver of the canter started to turn back and on having suspicion, the canter was intercepted. 3. Accused Sher Singh alias Sheru and Satnam Singh alias Bittu were previously known to SI/SHO and they were found to be sitting on gunny bags which were loaded at the back of canter. Both of them jumped out of the canter and fled towards fields. Two more persons were sitting at the front of the canter and were apprehended at the spot. On enquiry, the person who was driving the canter disclosed his name as Dalwinder Singh and one on the rear seat disclosed his name as Pargat alias Baggu. A notice under Section 50 of the Act for seeking their option for conducting search in the presence of Gazetted Officer or Magistrate was given but they opted to be searched in the presence of a gazetted Officer. DSP Dharam Pal Dalal was asked to reach at the spot as a message was given through wireless set. Head Constable Parkash was sent for bringing some respectables of the village. On reaching DSP Dharam Pal Dalal, the search of the canter was made from where 33 gunny bags were found loaded. On checking, poppy husk was found contained in aforesaid 33 gunny bags. Two samples were drawn from each gunny bag. Each sample was of 200 grams of poppy husk. Each sample was made into separate parcel and each sample was separately sealed with seal of 'SS'. The residue of each gunny bag were weighed to 34 kgs 600 gms. Each bag of the residue was also separately sealed with seal of 'SS'. Sultan Singh, SI affixed two seal of 'SS' on each sample parcel as well as the remaining residues. Similarly, DSP affixed two seals of 'DP' on each parcel. The case property was taken into police possession vide recovery memo Ex.P8 which was signed by ASI Dharambir and ASI Hem Chander and attested by DSP. Thereafter ruqa Ex.P2 was sent to the Police station for registration of FIR and a formal FIR was registered. After completing all formalities, the case property was deposited with MHC Satbir Singh and report under Section 57 of the Act was also sent to DSP, Guhla. Accused Pargat Singh alias Baggu could not be traced out despite extensive search and was declared proclaimed offender. On completion of investigation, the challan was presented only against Dalwinder Singh and Pargat Singh. Both the accused, namely, Dalwinder Singh and Pargat Singh were convicted by the trial Court and their appeals were also dismissed by this Court.
(3.) THE present appellant Dalwidner Singh was not represented through any counsel at the time of hearing of the appeal and thereafter, he approached the Hon'ble Supreme Court by filing an appeal which was allowed and judgment of this Court was set aside with the direction to re -hear the appeal after giving an opportunity of hearing.;