STATE OF PUNJAB Vs. GURBUX SINGH

JUDGEMENT

(1.) This is an appeal against the judgment dated 11.5.1993, passed by the Additional Sessions Judge, Amritsar, acquitting the accused respondent of the charge under Section 18 of the narcotic Drugs and Psyehotropic Substances Act, 1985 (hereinafter referred to as the Act).

(2.) Facts of the case in brief are that on 9.6.1991. A.S.I. Harbans Singh of Police Post Sultamwind. sent ruga Ex. P.C., to Police Station Sadar, Amritsar, to the effect that on that day i.e. on 9.6.1991. he alongwith other police officials was present on the canal bank in the area of Village Sultanwind, near Taranwala bridge in connection with investigation of a case under Section 18 of the Act and at that time, he had asked the apprehended person namely Gurbux Singh, accused that his personal search was to be taken in connection with opium and if he wanted he could be taken before a Magistrate or a Gazetted Officer of the police for the purpose of personal search whereupon, he stated that the search could be taken by him (A.S.I. Harbans Singh). It was alleged that thereupon he (A.S.I. Harbans Singh) took the personal search of accused Gurbux Singh and during search opium wrapped in glazed paper was recovered from the right side pocket of the shirt worn by the accused. Five grants of opium was separated by way of sample and as duly sealed while the remaining opium was found to be weighing 270 grams. The bulk was also separately sealed and both the samples were taken into possession. Since accused Gurbux Singh had no licence to possess the opium he had contravened the provisions of Section 18 of the Act. On the basis of the said ruqa. Ex. PC. formal F.I.R. Ex. PC/1 was recorded in PS Sadar Amritsar at 3.55 p.m. on 9.6.1991. A.S.I. Harbans Singh prepared the rough site plan. Ex. PD of the place of recovery. On return to the police station the accuseu and the case property were produced before Inspector Mohinder Singh. SHO who verified the facts and thereafter affixed his own seal on the sample and thereafter the case property was deposited with the M.H.C. with seals intact. After the completion of the investigation challan was submitted in the Court.

(3.) In support of its case prosecution examined PW-1 Head Constable Tarsem Singh, PW-2 S.I. Harbans Singh and PW DSP Mohinder Singh. Statement of the accused under Section 313 Cr.P.C., as recorded, in which he denied the prosecution allegations against him and stated that he was innocent and had been falsely implicated in this case. He stated that no recovery was effected from him and that he as illegally detained in the police station.