STATE OF PUNJAB Vs. HARBHAJAN SINGH

JUDGEMENT

(1.) STATE of Punjab has filed the present appeal against the judgment dated June 2, 1983 recorded by Shri J. S. Mander. The learned Judicial Magistrate Ist Class, Nakodar, whereby he acquitted Harbhajan Singh son of Gopal Singh of village Balanda of a charge under Section 9(a) of the Opium Act.

(2.) THE prosecution case in brief is that on July 10, 1980 Sub Inspector Kala Singh received secret information, on the basis of which he raided the premises of the accused-respondent and took him in custody. On interrogation the respondent disclosed that he had kept buried 35 bags of poppy husk in the ploughed field cultivated by him and he could produce the same. His disclosure statement Exhibit PB was recorded in pursuance of which 35 bags of poppy husk were recovered from the specified place. Sample was separated from each bag and the samples and the bags of poppy husk were seated and were taken into possession vide memo Exhibit PC. Case was registered against the respondent and samples were sent to the Chemical Examiner who found that the contents of the samples were poppy husk. Challan was then presented against the respondent and after trial he was acquitted of the charge.

(3.) BEFORE raiding the house of the respondent, the Investigating Officer had joined one Daya Singh from village Balanda in the raiding party and it was the contention of the prosecution that the respondent suffered disclosure statement in his presence and he also witnessed the recovery of poppy husk but Daya Singh did not support the case of the prosecution and he appeared in defence. He deposed that the respondent was never interrogated in his presence by Sub Inspector Kala Singh nor 35 bags of poppy husk were recovered at the instance of the respondent. No seal was ever entrusted to him. He explained that his signatures were obtained by the police on the blank paper and he had not attested any statement or recovery Memo.