Punjab and Haryana HC overturns 2002 acquittal; convicts accused in 1999 poppy husk case

Tribune News Service

Chandigarh, August 22

The Punjab and Haryana High Court has overturned the acquittal of a 56-year-old man, initially absolved by the Special Court, Ludhiana, in a 1999 case involving poppy husk. The high court not only quashed the 2002 acquittal, but also convicted the accused under the provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act before sentencing him to life imprisonment and imposing a fine of Rs 1 lakh.

The Division Bench, comprising Justice Sureshwar Thakur and Justice Sudeepti Sharma, meticulously reviewed the evidence and the reasoning employed by the trial court, which had acquitted three accused in the matter. Proceedings against two of the accused were abated as they died during the appeal’s pendency. The high court found that the prosecution had indeed established the guilt of the accused beyond a reasonable doubt, contrary to the findings of the lower court.

The case originated from an incident on April 27, 1999, when Ludhiana police intercepted a vehicle carrying 70 bags of poppy husk. The driver was apprehended on the spot, while other accused reportedly fled the scene. However, the Special Court, Ludhiana, acquitted the accused on November 29, 2002, citing insufficient evidence and procedural lapses. Dissatisfied with the verdict, the State of Punjab filed an appeal, leading to the high court ruling.

“This court is of the view that the instant appeal merits its being allowed. Consequently, after allowing the instant appeal filed by the State of Punjab, this Court quashes the impugned verdict of acquittal, as made on November 29, 2002, by the Judge, Special Court, Ludhiana, where through he made a finding of acquittal in respect of an offence punishable under Section 15 of the NDPS Act.”

The Bench added the accused as a consequence were held guilty of committing an offence punishable under the provisions of the NDPS Act and were convicted accordingly. The high court emphasized that the evidence presented by the prosecution, including the seizure of the narcotics and the statements of witnesses, was sufficient to establish the guilt of the accused.

The counsel for the convict during the hearing argued for leniency, citing the convict’s age of 56 and his status as the sole breadwinner of his family. The court, while acknowledging these considerations, noted the severity of the crime, stating: “Since the present convict has been convicted for an offence which relates to his voluntarily and consciously possessing commercial quantity of the relevant seizure, thereupon, in terms of Section 15-C of the NDPS Act, this Court imposes upon the convict the substantive sentence qua his undergoing rigorous imprisonment for a term extending up to 10 years, besides, imposes upon him a sentence of fine in the sum of Rs 1 lakh.”