S.15--Acquittal--Recovery of 6 kg. of poppy husk--Alleged recovery effected at 10.30 A.M. from bus stand--SHO reached on spot 1.30 P.M. and verified facts--Accused and case property handed over by him to MHC of police station at 5.30 P.M.--Accused and case property remained in custody of police at spot till 5.25 P.M.--No cogent explanation given which creates doubt on veracity of prosecution case--Therefore, non corroboration of evidence of official witnesses through independent source makes case of prosecution doubtful--Appellant acquitted.; Randhir Singh v. State of Haryana ; 2010(1) Law Herald (P&H) 688
S.15--Contraband--Conviction--Recovery of 22½ kg. of poppy husk jute bag--Appellant was sitting near bag which was lying at a distance of one foot from him--Sufficient indication that bag containing contraband was in conscious possession of appellant--Moreover on seeing police party appellant tried to run away from place where contraband was lying--Seals of exhibit intact on arrival and tallied with specimen seal sent--Conviction maintained--Sentence of imprisonment of two years reduced to already undergone by him.; Karnail Singh v. State of Punjab ; 2010(1) Law Herald (P&H) 651
S.15--Contraband--Reduction of sentence--Appellant found in possession of 22½ kg. poppy husk--Appellant facing agony of criminal prosecution since July 2004--He has already undergone substantive sentence of about 7½ months out of sentence of 2 years--He is claiming to be a first offender and a poor person--His entire family said to be dependant upon him--Under these circumstances sentence of imprisonment reduced to already undergone by him.; Karnail Singh v. State of Punjab ; 2010(1) Law Herald (P&H) 651
S.15--Search and Seizure--Acquittal--Contraband--Standing instructions No.1/88 dated 15.3.1988 issued by Narcotic Control Bureau, Clause 1.13--Delay of 5 days in sending sample--It is duty of investigating agency to send sample parcels to laboratory within 72 hours of seizure--No explanation for late sending sample is forth coming on record creates doubt about veracity of prosecution version and appellant deserves benefit of doubt--Appellant acquitted.; Randhir Singh v. State of Haryana ; 2010(1) Law Herald (P&H) 688
S.15--Search and Seizure--Independent witness--Acquittal--Recovery of contraband effected from bus stand at 10.30 a.m.--Non-joining of independent witness at time of recovery--No cogent explanation as to in what manner and to who was asked to join investigation--Feeble explanation that as none wanted to be witness to police case cannot be accepted--Held; that it was duty of police to join independent witness at the time of recovery from bus stand which is surrounded by shops.; Randhir Singh v. State of Haryana ; 2010(1) Law Herald (P&H) 688
S.15--Tempering with sample--Acquittal--Prosecution failed to connect case property produced in Court with poppy husk recovered from appellant--Recovery witness admitted that bag is not having any seal--Bag is not sealed and cloth with seal is lying separately and its bottom portion is damaged and hence separated from main bag--Appellant acquitted.; Randhir Singh v. State of Haryana ; 2010(1) Law Herald (P&H) 688
