STATE OF PUNJAB Vs. DHARAM SINGH

JUDGEMENT

(1.) State of Punjab through Public Prosecutor filed this appeal to impugn the judgment dated 6.4.1999 rendered by Additional Sessions Judge, Sangrur, in FIR No. 52 dated 25.6.1996 under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act'), Police Station Longowal, vide which Dharam Singh, accused-respondent, was acquitted of the charge levelled against him.

(2.) Prosecution story, in brief, is that on 25.6.1996, police party headed by ASI Karnail Singh while on patrol duty was going towards Village Jharron. When police party was near the bridge of drain in the area of village Jharron, they sighted the accused while coming from the opposite direction. At that time, the accused was carrying a plastic envelope in his right hand. On seeing the police party, accused tried to flee away towards his left side in the fields. On suspicion, the accused was apprehended. In the meantime, Roop Singh, Chowkidar, came from the side of village Togewal. Roop Singh was joined by the police party. On enquiry, the accused disclosed his name as Dharam Singh son of Chand Singh. The Investigating Officer told the accused that the envelope carried in his right hand was to be searched. Offer was given to the accused as to whether he wanted the plastic envelope carried by him to be searched before any Gazetted Officer or a Magistrate, but the accused reposed faith in the Investigating Officer. Consent memo was prepared, which was signed by the accused and attested by the witnesses. The Investigating Officer searched the envelope carried by the accused and on search, intoxicating tablets, namely, Diazepam were recovered from the plastic dabba. Two samples, each of 25 tablets, were separated and were converted into two separate plastic dabbis. Remaining tablets after counting were found to be 1800. Remaining tablets were transferred into a separate plastic dabbi. Two samples, each of 25 tablets, and remaining tablets in a separate dabbi, were sealed by the Investigating Officer with his own seal bearing impression 'KS'. The seal after its use was handed over to HC Harbans Singh. Case property was taken into police possession. On personal search, currency notes of Rs. 30/- were recovered from the accused. Ruqa was sent to the Police Station, on the basis of which, formal FIR was registered.

(3.) Rough site plan with correct marginal notes was prepared. On return to the Police Station, the accused along with case property was produced before SI/SHO Gurpreet Singh. SHO checked the case property and after verification sealed the case property with his own seal bearing impression 'GS' and also affixed his seal on the sample seal. The case property was deposited with the MHC.