STATE OF PUNJAB Vs. JIA RAM AND OTHERS

JUDGEMENT

(1.) The appellant State of Punjab has assailed the judgment dated 24.12.2007, passed by the learned Judge, Special Court, Ferozepur in Session Case No. 338 of 2006, Session Trial No. 105 of 2007 emanating from FIR No. 203 dated 07.09.2006, Police Station Sadar Abohar, whereby, the respondents were acquitted of charge under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('Act' for short). Case of the appellant is that on 07.09.2006, Major Singh, Sub Inspector, Station House Officer, Police Station Sadar Abohar alongwith Iqbal Khan ASI and other police officials was proceeding from village Sherewala towards the culvert known as Patli in a Bollero jeep bearing registration No. MH-02-A/TR-869 being driven by HC Jalandhar Singh in connection with patrol duty and checking of suspected persons. At about 04:30 pm, when they reached near the culvert in the area of village Sherewala, one Bollero jeep bearing registration No. RJ-19UA-1203 came from the opposite side. On seeing the police vehicle, driver of that vehicle tried to retreat his vehicle and, thereupon, Major Singh SI intercepted the Bollero jeep bearing registration no. RJ-19UA-1203 with the help of other police officials. On inquiry, the driver of that vehicle disclosed his name as Bansi Lal (respondent) and the other two persons who were sitting in the said vehicle disclosed their names as Uma Ram and Jia Ram ( respondents).

(2.) Major Singh, SI then tried to join some independent witness in the police party, but no one was found available. Then Major Singh SI disclosed his identity to those persons, who are respondents herein. Then he informed them that he suspects some contraband in their possession, as also, in their vehicle, therefore, he wants their search, as also, the search of their vehicle to be conducted and they had a legal right to have their search, as also, of their vehicle conducted in the presence of some gazetted officer or Magistrate. The respondents then replied that they wanted to get their search, as also, of their vehicle conducted in the presence of some gazetted officer regarding which memo Ex.P1 of Bansi Lal, Ex.P2 of Jia Ram and Ex.P3 of Uma Ram were prepared, which were signed by them and attested by Iqbal Khan ASI and Sukhmander Singh ASI.

(3.) Thereafter, Major Singh SI sent a message to police post Bahavwala through wireless set to send Amrik Singh, DSP at the spot, who reached at the spot at 6:00 pm. On reaching at the spot, he disclosed his identity to the respondents and he informed them that he suspected some intoxicant material to be in their possession, as also, in their vehicle and that they have got a legal right to get their search, as also, of their vehicle conducted in the presence of some other gazetted officer or Magistrate. Thereupon, the respondents reposed confidence in Amrik Singh, DSP in getting their search, as also, the search of their vehicle conducted by him and they signed consent memos Ex.P4, Ex.P5 and Ex.P6 respectively in this regard.