STATE OF PUNJAB Vs. GURJIT SINGH

JUDGEMENT

(1.) THIS State appeal against acquittal arises out of the following facts :-

(2.) ON 30th January, 1990, ASI Tirlochan Singh - PW2, who was then posted in Police Station, Sunam, received secret information to the effect that Gurjit Singh son of Joginder Singh, Pritam Singh, Gurjit Singh son of Chand Singh, Roshan Singh, Mandar Singh, Nazam Singh and Jagrup Singh, were carrying poppy husk in a truck bearing No. PAP 8468 and that if a nakabandi was held, the truck as also the accused could be apprehended. On the basis of the information, an F.I.R. Ex.PC/1 was recorded by ASI Tirlochan Singh at 0.30 a.m. on 30th January, 1990. The police, accordingly, held a nakabandi in the area of village Tolewal. At about 1.30 a.m., the truck in question was seen approaching and was signalled to stop by the police party. Two persons who were later identified as Mandar Singh and Nazam Singh accused managed to escape, whereas Gurjit Singh s/o Joginder Singh, Pritam Singh, Gurjit Singh son of Chand Singh and Roshan Singh were apprehended. PW-2 ASI Tirlochan Singh, thereafter, gave the option to the accused envisaged under section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called the Act) and informed them that their search could be made in the presence of a Magistrate or a Gazetted Officer, if they so desired. The accused, however, reposed their confidence in the police officer and volunteered their search by him. The truck in question was, thereafter, searched and 30 bags of poppy husk containing 40 kg each were recovered. Samples from each of the bags were taken for analysis and the remaining poppy husk was sealed. On analysis, the Chemical Examiner found that the article recovered was poppy husk. Nazam Singh and Mandar Singh accused who had fled from the spot, were arrested on 25th February, 1990 after they had been produced before ASI Tirlochan Singh. All the accused were, accordingly, challaned for having committed an offence punishable under section 15 of the Act, and as they pleaded not guilty, were brought to trial.

(3.) THE prosecution in support of its case examined ASI Major Singh - PW1, who alongwith ASI Tirlochan Singh - PW was then posted in Police Station, Sunam, had received the secret information with regard to the smuggling of poppy husk and PW-3 Inspector Jagdish Singh, the S.H.O. of Police Station, Sunam, before whom the accused and the case property had been produced after the arrest of the accused. The prosecution also tendered into evidence the report of the Chemical Examiner Ex.PG, in which it had been opined that the recovered article was poppy husk.