STATE OF PUNJAB Vs. GURMAIL SINGH

JUDGEMENT

(1.) GURMAIL Singh and Gora Lal accused-respondents were tried for an offence under Section 13 of the East Punjab Drugs Control Act by Shri Dalbara Singh, Judicial Magistrate Ist Class, Bhatinda. They were acquitted vide judgment dated 14-5-1982 which has been assailed by the State of Punjab by means of the present appeal.

(2.) THE prosecution case in brief was that on 25-3-1978, Sub-Inspector Harchand Singh of Police Station Raman was returning to the Police Station along with other police officials via Raman-Talwandi Road. When he was at a distance of about one mile from the bus stop, he received a secret information that Gora Lal dealt in selling intoxicating tablets and Gurmail Singh had purchased the tablets from him. On the basis of this information, a ruqa was sent to the Police Station for registration of a case. Nahar Singh PW was joined and the party proceeded towards the side of Raman. At a distance of half a mile, Gurmail Singh respondent was apprehended and his personal search was conducted. He was found in possession of 300 tablets out of which 25 tablets were taken out as sample and were scaled in a packet. Recovery memo was prepared and seal after use was entrusted to Nahar Singh PW. House of Gora Lal respondent was raided. He was found standing in front of his house holding a cycle. On seeing the police party, he ran away but left the cycle at the spot. From the basket of the cycle three packets each containing 1000 tablets of Siconol and SL were recovered. 25 tablets were separated from each packet and were scaled as sample. The rest of the tablets and cycle were also taken into possession.

(3.) WHEN examined under Section 313 of the Code of Criminal Procedure, the contention of the respondents was that no tablets were recovered from their possession and they were falsely involved. Gurmail Singh stated that he had a dispute with Natha Singh regarding land and in that connection he was brought to the police station where the case was foisted on him. The version given by Gora Lal respondent were that his brother had filed a complaint against Sub- inspector Harchand Singh and the Sub-Inspector had falsely, involved him and his brother in a case of false encounter in which they were acquitted. The Sub-Inspector still nursed a grudge against him and involved him in this case. One Shingara Singh, Assistant Moharrir Head Constable was examined in defence to show that a case had been registered against Gora Lal under Sections 353/332 of the Indian Penal Code at the instance of Sub-Inspector Harchand Singh who investigated the present case.