LAWS(P&H)-2010-9-377

PARWINDER SINGH @ BOBBY Vs. STATE OF PUNJAB

Decided On September 07, 2010
Parwinder Singh @ Bobby Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Petitioner, Parwinder Singh @ Bobby, has filed this petition under Section 482 of the Code of Criminal Procedure invoking the inherent jurisdiction of this Court for quashing FIR No. 135 dated 29.6.2000 (Annexure P-1)registered under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in Police Station Dharamkot, and all the subsequent proceedings arising therefrom and order dated 25.1.2001 declaring him as proclaimed offender and order dated 30.11.2005 allowing the prosecution to present the supplementary challan.

(2.) The facts are that the above said FIR was recorded against the present petitioner and one Amarjit Singh @ Amra. As per the version disclosed therein, it was on 29.6.2000 that at about 8-00 a.m., Raman Kumar ASI, along with other police officials was going on western embankment of the canal towards Dharamkot-Shahkot in connection with patrol duty and detection of suspected elements. When this police party had covered the distance of about 2 killas from the bridge of Budhwala one vehicle make Tata Ceira came from the side of G.T.Road. A signal was given to stop that vehicle. That vehicle was being driven by the present petitioner, who was already known to the ASI, and Amarjit @ Amra was sitting with him on the front seat. The petitioner managed to escape whereas Amarjit Singh was apprehended. Three bags were found lying in front of the rear seat and four bags were found lying in the back of that vehicle. In the meanwhile, Mewa Singh came to that place and was joined in the investigation as an independent witness. An option was given to Amarjit Singh @ Amra, whether he wanted the search to be conducted in the presence of some Magistrate or Gazetted Officer, who showed his willingness that search be conducted in the presence of the Gazetted Officer. Thereafter, Nachhattar Singh DSP, was called to the spot and when the search of the vehicle was taken 7 bags were recovered and each of that bag was found to contain 29 Kgs of poppy husk. 250 gms of poppy husk was taken out from each of that bag as samples. The samples and the remaining contents of the bags were sealed and were taken into possession. Ruqa was sent to the police station on the basis of which FIR was recorded.

(3.) ASI prepared the rough site plan of the place of recovery and on coming back to the police station, produced the case property before the Officer-inCrl. Charge of the Police Station. The samples were sent to the Chemical Examiner, and were found to contain poppy husk. After the completion of the investigation, the challan was put in before the Judge, Special Court against Amarjit Singh @ Amra as the present petitioner could not be arrested during the investigation and was declared as a Proclaimed Offender. Amarjit Singh @ Amra was tried and was acquitted vide judgment dated 7.9.2005 by the Judge, Special Court, Moga. The State preferred appeal against the judgment of acquittal but the same was dismissed by this court vide order dated 28.11.2006.