JARMANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) JARMANJIT Singh and Balwant Singh, petitioners seek quashing of FIR No. 131 dated 7.12.2001 registered under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') with Police Station, Mamdot, District Ferozepur.

(2.) THE facts of the case have to be noticed briefly in order to focus the controversy involved. Sub-Inspector Trilochan Singh along with ASI Jaswant Rai, ASI Jaswinder Pal and other police officials was proceeding on patrol duty in Government vehicle bearing No. PB-05D-9850 driven by Sewa Singh. After the police party had reached near Canal Bridge, main road, Fazilka in the area of Village Lakhoke, a secret information was received by Sub- Inspector Trilochan Singh to the effect that Balwant Singh son of Karnail Singh resident of Village Jattalla, Police Station, Mamdot was engaged in illegal business of contraband and had proceeded to Rajasthan during the night time in a Maruti car bearing No. DDU-2486 for bringing poppy husk and would return to his village during the morning time. Finding this information credible, a Nakabandi was arranged by Sub-Inspector Trilochan Singh at about 5.15 a.m. on the road which goes from Village Jattalla. At about 7.00 a.m., the police party noticed a car coming from the side of Village Lakhoke. Seeing the police party, driver of the car stopped the car on the bridge and came out of it. After coming out of the car, he ran towards the pavement of the canals on the eastern side. With the help of other officials, the car was encircled. On checking the car, Balwant Singh son of Karnail Singh, resident of village Jattalla was found sitting inside. Balwant Singh disclosed the name of his companion as Jarmanjit Singh, who was successful in making good his escape. Sub-Inspector Trilochan Singh then informed Balwant Singh that he had suspicion that the former was carrying poppy husk in the car and the former informed him that his search could be conducted before a Magistrate or some gazetted officer or before him. Balwant Singh in turn informed him that the car be searched before a gazetted officer. Thereafter memo in this regard was prepared which was attested by Balwant Singh, accused and ASI Jaswant Rai and ASI Jaswinder Pal Singh. Hardev Singh, DSP was contacted on wireless and he reached the spot at 8.15 a.m. in government Gypsy. A separate consent memo was prepared by DSP and thereafter search of the car in question was conducted which led to the recovery of two bags containing poppy husk. One bag was found under the feet of Balwant Singh and another bag was kept in the dicky of the car. Each bag was found containing 30 kgs. of poppy husk. Two samples of 200 grams each were separated from each bag and thereafter samples and bags containing residue poppy husk were sealed with the seals of 'MS' and 'HS' and thereafter taken into possession vide seizure memo prepared in this regard. Ruqa was transmitted to the police station on the basis of which present case was registered. Sample was sent to the Chemical Examiner at Government Laboratory, Jalandhar for analysis. The Assistant Chemical Examiner, Government of Punjab in his report stated that analysis indicated that the contents of the exhibits were not poppy husk. Thereafter, the second sample was sent to the Forensic Science Laboratory, Chandigarh on 30.1.2001 by Sub- Inspector Arjun Singh, S.H.O. of Police Station, Mamdot through Constable Baldev Singh. On analysis, the contents were found to be poppy straw. On completion of the investigation challan was put in Court on 21.3.2002. Taking into consideration the police report submitted under Section 173 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') and the documents annexed therewith charge under Section 15 of the Act was framed against the petitioners-accused by the Court of Special Judge, Ferozepur and thereafter the case was posted for prosecution evidence. It is at this stage the present petition had been filed seeking quashing of the FIR in question.

(3.) LEARNED counsel representing the petitioners-accused while seeking quashing of the FIR in question strenuously urged before me that after the contents of the samples which were sent to the Chemical Examiner, Government Laboratory, Jalandhar were, on analysis, found to be not poppy husk, S.H.O. Arjun Singh of Police Station, Mamdot could not have sent the second sample to Central Forensic Science Laboratory, Chandigarh and got a fresh report and on that basis launched the prosecution against the petitioners-accused. The action of Sub-Inspector Arjun Singh, SHO of Police Station, Mamdot for getting the second sample analysed from the Central Forensic Laboratory, Chandigarh was questioned on two counts. Firstly, that no permission of Court was sought during the investigation of the case for sending the second sample to the Central Forensic Science Laboratory, Chandigarh. Secondly, that there is no provision under the Act akin to the provisions of Section 13 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act of 1954') and other similar enactments under which a right has been conferred upon the prosecution as well as the accused to get another sample analysed from another approved laboratory. Therefore, filing of the report and launching of the proceedings stood vitiated. In support of the stand taken reliance was placed on Joginder Kaur v. The State of Punjab, 1979 C.L.R. 101 and Sukhdev Singh v. The State of Punjab, 1982 Criminal Law Times 267.