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Baldev Singh v. State of Haryana

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 167 of 2006)Decided 4 Nov 2015
Criminal Appeal No. 167 of 2006
Justice J.S. Khehar · Justice R. Banumathi

Background

In September 1990, police set up a night checkpoint in Sirsa district, Haryana, and stopped a tractor-trolley driven by Baldev Singh. Thirty-three gunny bags of poppy husk, about 13 quintals in total, were found in the trolley. The trial court acquitted him, but the High Court reversed that and convicted him under the NDPS Act, sentencing him to 12 years' imprisonment. He appealed to the Supreme Court.

Decision Breakdown

The Court relied on the evidence of one police witness, ASI Ram Singh, who was part of the checkpoint team and had signed the recovery papers, and held that his testimony was credible and unshaken in cross-examination. It held that police evidence cannot be rejected merely because the witnesses are police, though it must be scrutinised with care. Because the driver was found in physical possession of the drugs, the burden shifted to him under Section 35 of the NDPS Act to show he did not knowingly carry them, and he failed to discharge it. The non-examination of another officer and the acquittal of a co-accused in a separate case did not affect the prosecution's case. The conviction was confirmed, but the sentence was reduced from 12 years to 10 years in view of the 25 years the case had taken.

Lesson Learnt

Evidence from police officers can be enough to convict if a court finds it trustworthy, though courts examine it carefully. Under the NDPS Act, a person found carrying a banned substance is presumed to know what they carry and must prove otherwise.

Official source (sci.gov.in)View Judgment (PDF)

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