SURJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been preferred by appellants Surjan Singh and Sukha Singh against their conviction and sentence, for having been found in possession of 102 Kgs. of opium.

(2.) THE case of prosecution is that on 17.11.1998, Pritpal Singh, PW-6 was posted as ASI in Police Post Kacha Pacca of Police Station Bhikhiwind. He along with police party held a picketing in Manihala Jai Singh. During picketing, he received a secret information at 6 A.M. that accused Surjan Singh was coming in a tractor trolley with opium. In the meantime, Surjan Singh was seen sitting on the tractor being driven by Sukha Singh. Pardhan Singh (since deceased) was sitting on the mudguard of the tractor. The tractor was stopped on which, Pardhan Singh and Sukha Singh ran away but Surjan Singh was apprehended. Six tins containing opium were recovered from the trolley, the weight of which was found to 102 Kgs. Hundred gms. of opium was taken out as sample from every tin. The samples and the tins were separately sealed with the seal bearing letters 'PPS'. The samples and the tins were taken into possession vide recovery memo exhibit PB which was attested by Davinder Singh and Amarjit Singh. The tractor and trolley were also taken into possession. Ruqa Exhibit PC was sent to the Police Station on the basis of which F.I.R. Exhibit PC/1 was recorded. Site Plan Exhibit PD was prepared. The accused Surjan Singh was apprised of grounds of arrest and was arrested. The samples and the case property were produced before Station House Officer. Inspector Darshan Singh along with the accused, Surjan Singh and the Station House Officer also affixed his seal bearing letters 'DS' on the samples and the case property. The Inspector deposited the samples and the case property which the MHC. The samples were sent for examination and as per report Exhibit PE of the Chemical Examiner, the same were found to be of opium. After investigation, all the three accused, Surjan Singh, Sukha Singh and Pardhan Singh were sent up for trial and were charged under section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act) for having been found in possession of 102 Kgs of opium without any permit or licence.

(3.) DURING the course of trial, Pardhan Singh accused died. Accused Surjan Singh and Sukah Singh were examined under section 313 Cr.P.C. They denied the allegations of the prosecution. Accused Surjan Singh stated that his tractor had been taken away by the terrorists and he had gone to the police station in that connection when he was illegally detained. The accused led defence evidence. DW-1 Constable Sheetal Singh, Clerk in the office of Senior Superintendent of Police, Amritsar stated that original documents received in the office of the Senior Superintendent of Police from the office of Inspector General Punjab were destroyed after five years. DW-2 Paramjit Singh, Record Keeper of the office of Sub Divisional Officer (Civil), Patti stated that record pertaining to the year 1998 was not available. DW-3 Davinder Singh constable deposed that complaint of the case was not received in their office. DW-4 Charan Singh deposed that Sajjan Singh along with others had come to him as he was Sarpanch of the village at that time. Sajjan Singh had told him that his tractor trolley had been taken away by the terrorists. To the same effect is the statement of DW-5 Balkar Singh. DW-6 Manjit Singh, Asstt. MHC stated that register containing telegram dated 11.11.1998 had since been destroyed.