RAJINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Within the territorial jurisdiction of Police Station City Ferozepore in Punjab State of the Indian Union Rajinder Kumar convicted accused petitioner was found in possession of 2-1/2 kilograms of charas on June 5,1983. On being prosecuted for it under Section 61 of the Punjab Excise Act No.1 of 1914, the accused pleaded not guiltyT thereto and claimed to be tried. Vide its impugned judgment dated February 18, 1986 learned trial court convicted him of the commission of the offence, charged and sentenced him to undergo rigorous imprisonment for a period of one year and to pay Rs. 1000/- as fine. In default of payment of fine convicted accused petitioner was ordered to undergo rigorous imprisonment for a further period of three months. Criminal Appeal No. 37 of 1986 filed against it before the learned lower Appellate Court was dismissed on May 9, 1986. Feeling aggrieved from the impugned judgments aforesaid of the learned two courts below, accused Rajinder Kumar has filed Criminal Revision No. 622 of 1986 in this Court.

(2.) I have heard Shri Ravinder Chopra, Advocate, for the petitioner, Shri S.S. Kang, D.A.G. Punjab for the respondent State and have perused the entire relevant material on record, very carefully.

(3.) First and fore-most contention raised by the learned counsel for the petitioner is that independent witnesses of the locality were not associated during search. It has repeatedly been held by this Court in Raghbir Singh and another v. The State of Haryana, 1990 (2) Chandigarh Law Reporter 695, State of Punjab v. Gurmej Singh, State of Punjab v. Gurnam Singh, 199 1(3) Recent Criminal Reports 412 and Gurvel Singh v. The State of Punjab2, that failure of the Investigating Officer to join independent witnesses of the locality in investigation sounds the death-knell of the prosecution case set up against the accused, conviction based by the learned trial Court on the statements of the police and excise officials cannot be sustained and the accused is entitled to secure an acquittal on this score. In line with the ratio of the decisions aforesaid conviction of accused Rajinder Kumar in the present case also falls through and has to be set aside.