
2 women get 12-year rigorous imprisonment for heroin possession
In default of payment of the fine, they will have to undergo further rigorous imprisonment for one year. On July 6, 2020, STF Phase Four, Mohali, police station booked Kiran Bala of Chuharpur, now a tenant at Mohalla Durgapuri, and Suman Bala of the same area, under the NDPS Act for possession of the contraband.
As per the prosecution, on that date, SI Gurcharan Singh and a police party at Jassian Road area of Haibowal, received information that the sisters were to supply heroin to a customer from their house in Durgapuri.
Later, the police party apprehended the duo riding a scooter driven by Kiran Bala. Upon checking, a large black polythene bag containing heroin was recovered. Police filed a case and arrested them.
During trial, the accused pleaded false implication and stated that nothing was recovered from them. The defence counsel contended that the alleged independent witness, Ismile alias Yusuf, who allegedly witnessed the recovery, was not examined by the prosecution.
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In the absence of his testimony, statements of official witnesses could not be believed.
The court didn't find force in the submission of the defence counsel and held, "It is now settled law that the testimony of police officials is as good as that of independent witnesses. The statements of police officials cannot be discarded merely because of the colour of their office. Whenever the case of the prosecution is based only on the statements of police officials, the only precaution for the court is to scrutinise their testimony with some more care and caution.
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The court also turned down the submission of the accused about false implication in the case. The court observed that in view of the law laid down by the Supreme Court in the aforesaid case and in view of the facts, possession of the accused is fully proved on record, and they failed to give a satisfactory explanation for that.
"Moreover, there appears to be no justification for the police to falsely implicate the accused, from whose possession a huge quantity of contraband was recovered. It is highly improbable that such a huge quantity of intoxicant material would be arranged by the police officials in order to falsely implicate the accused," the court remarked.
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