STATE OF PUNJAB Vs. AVTAR SINGH

JUDGEMENT

(1.) ACCUSED Avtar Singh, aged 75 was allegedly found in possession of 200 Gms of opium without a licence by the Police party comprised of ASI Gurbachan Singh (PW1) and Constable Ashwani Kumar (PW2) on 1-1-1986 in the area of FCI godowns near Gill Canal, Ludhiana. A sample was taken out of the lot and on analysis was found to be opium vide report of the Chemical- Examiner Ex. PF.

(2.) THE relevant prosecution evidence would be discussed while dealing with the conclusions drawn by the trial Court, while acquitting the accused. The trial Court has acquitted the accused primarily on the grounds: (i) that it is not safe to base conviction on the sole statements of official witnesses particularly when the investigating officer did not care to join any independent persons which were available in abundance; and (ii) that various mandatory provisions of the Narcotic Drgus and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act') have not been complied with particularly Section 50 of the Act, non-compliance of which is fatal to the prosecution case.

(3.) EVEN otherwise, we have gone through the statements of both the official prosecution witnesses and we are of the view that recovery of opium from the possession of the accused is, not proved beyond reasonable doubt. The accused was apprehended at FCI godowns near Gill Canal, Ludhiana which undisputedly is a thickly populated place. The official witnesses were on patrol duty and non-joining of any independent witness at the time of arrest and seizure of the contraband at a thickly populated place would certainly render the ocular version of the official witnesses to be tainted and incredible and certainly unfit to base conviction on such evidence when otherwise too, the statements of such witnesses are discrepant on material particulars.