Introduction:

In the case of Rajinder Singh @ Bittu v. State of Punjab, the Punjab & Haryana High Court recently delivered a significant judgment concerning the conviction of two individuals under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The appellants, Rajinder Singh and Baljit Singh, were convicted for possessing 25 kg of heroin, challenging the conviction on grounds of alleged police misconduct and procedural irregularities.

Arguments of Both Sides:

The appellants’ counsel argued that the contraband was planted by the police, highlighting procedural lapses under Section 42 of the NDPS Act regarding the handling of secret information and the subsequent seizure. It was contended that failure to comply with these procedures rendered the entire recovery invalid. On the other hand, the State vehemently opposed these claims, asserting that the recovery was lawful and conducted in accordance with Section 43 of the NDPS Act, applicable to seizures in public places accessible to all.

Court’s Judgment:

After thorough deliberation, the bench, comprising Justice Gurvinder Singh Gill and Justice N.S. Shekhawat, upheld the conviction. The court emphasized that the quantity of heroin recovered made it implausible for the police to have planted it. Additionally, it underscored that the appellants failed to provide any credible explanation during trial, thereby reinforcing the prosecution’s case. The court also cited the Forensic Science Laboratory’s report, which confirmed the integrity of the samples and the authenticity of the recovery process.