BILLU SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In nutshell, facts of the case, as per the prosecution story are that on 19/5/2004, at about 5.00 p.m., Inspector Barjinder Kumar, SHO, Police Station Dialpura alongwith other police officials, was present at Bus Stand Aklia, in connection with patrolling and checking of crime. There he received a secret information that Darshan Singh and accused - Billu Singh were indulging in sale purchase of poppy husk, keeping the poppy husk in their respective houses, as well as in the fields of one Bikkar Singh, known as field 'Marie Wala' near metalled road leading to village Kesar Singh Wala and that accused had been cultivating the said field after taking it from Bikkar Singh on lease/share croppers and in case a raid was conducted, then poppy husk in heavy quantity could be recovered. Finding the information to be reliable, Inspector Barjinder Kumar sent a Ruka Exhibit PA to the Police Station Dialpura through Constable Balbir Singh, on the basis of which formal FIR Exhibit PA/1 was registered at the Police Station between 6.05 p.m. to 6.50 p.m. On 19/5/2004 a raid was conducted in the fields, as well in the respective houses of both the accused. But the accused could not be apprehended.

(2.) On 20/5/2005, Inspector Barjinder Kumar, accompanied by the police officials, proceeded for a raid. He raided tubewell room of Bikkar Singh in his field and found both the accused present there. They were apprehended. Their personal search was conducted. A notice under Sec. 50 of the Act was served upon the accused, regarding the search of the field. The accused opted to get the search conducted in presence of a Gazetted Officer. Therefore, intimation was sent to Police Control Room and Sh. Raghbir Singh Chehal, DSP, arrived at the spot. He served notice Exhibit PB upon both the accused informing them of their right to get the search conducted in the presence of DSP or any other Gazetted Officer or before a Magistrate. However, both the accused reposed faith in DSP and allowed him to search the fields. Independent witness Amrik Singh was also joined with the Police Party.

(3.) Thereafter accused, while in police custody, were interrogated one by one. Accused Darshan Singh suffered a disclosure statement Exhibit PC to the effect that he had kept concealed two bags containing poppy husk in a pit covered with the soil in the field of Bikkar singh, which had been taken by him on lease regarding which only he knew and he could get it recovered. Such statement Exhibit PC was thumb marked by accused Darshan Singh, attested by ASI Darshan Singh, independent witness Amrik Singh and DSP Raghbir Singh Chehal. Similarly, Billu Singh -accused was interrogated and he suffered a disclosure statement Exhibit PD to the effect that he had kept concealed one bag containing poppy husk in a pit covered by soil in the field of said Bikkar Singh, which he had taken on lease and he had exclusive knowledge of the same and could get the bag containing poppy husk recovered. This statement Exhibit PD executed by accused Billu Singh was attested by ASI Darshan Singh, independent witness Amrik Singh and DSP Raghbir Singh Chehal. Then both the accused in pursuance of disclosure statements made by them got the recovery effected i.e. accused Darshan Singh got two bags recovered from the pit after removing the soil, whereas Billu Singh, who had taken out one bag from the pit after removing the soil with his own hands. All the three bags were given number 1, 2 3. Two samples each containing 200 grams poppy husk, were taken out from the each recovered bag. The samples were converted into parcels and were given Nos. 1-A/1, 2-2/B abd 3-3/C denoting the bag from which those were taken out. All the samples were duly sealed with the seal of Investigating Officer having impression 'BK'. The sample seal impression chit was also prepared and seal after use was handed over to the independent witness Amrik Singh. Then the case property was taken into police possession vide memo Exhibit PE. Site plan of the place of recovery was prepared as Exhibit PF. The accused were arrested in this case. Grounds of arrest were served upon them. Jama Talashi had also been effected with memos prepared in that regard. Special report was sent to the higher Officers. On return to the Police Station, the Station House Officer kept the case property in safe custody.