STATE OF PUNJAB Vs. CHANNA

JUDGEMENT

(1.) CHANNA respondent was convicted by the Judicial Magistrate Ist Class, Ferozpur, for the offence under Section 9 of the Opium Act for keeping in his possession 13 kgs. and 500 gms., which was recovered from his possession in the area of village Lakha Hazi without licence on 3rd July, 1976, by S.I. Bhagwant Singh along with A.S.I. Harjit Singh and other police officials. He was sentenced to undergo rigorous imprisonment for two and a half years and to pay a fine of Rs. 2,500 or in default of payment of fine, to further undergo rigorous imprisonment for six months. On appeal, his conviction and sentence was set aside and he was acquitted by the learned Sessions Judge, Ferozpur. It is against the acquittal order that the present appeal has been filed by the State of Punjab.

(2.) THE only ground on which the respondent was acquitted by the learned Sessions Judge was that there is no evidence on the record regarding the handing over the seal to Jaswant Singh as alleged by the prosecution as it has failed to examine him. This view was taken by the learned Sessions Judge relying upon a Division Bench authority of this Court reported as Hans Raj v. The State of Punjab, 1980 C.L.R. 74. It was held in that case that where the seal of sample of contraband recovered from the accused was entrusted by the police to an independent witness, such person must be produced as a witness in order to rule out the possibility of the examine such a person renders the prosecution case doubtful. But the aforesaid authority was overruled by a Full Bench authority of this Court reported as Piara Singh v. State of Punjab, 1982 C.L.R. (2) 447, wherein it was observed as follows : -

(3.) ACCORDINGLY we are of the view that the production of such a witness is not the requirement of law in view the aforesaid Full Bench authority. There is nothing against the prosecution witnesses, namely, PW 1 A.S.I. Harjit Singh and PW 2 S.I. Bhagwant Singh. They have no animus against the respondent and they have deposed that on 3rd July, 1976, they had held nakabandi near the bridge in the area of village Lakha Hazi; that the respondent came there from the side of village Chhanga Khurd and on suspicion he was apprehended and on his personal search, from chhdar Ex P -17 pieces of opium Ex. P -3 to P -9 weighing 13 kgs. and 500 kgs were recovered. 50 grams of opium was taken out of the bulk as sample and the remaining opium was made into a tin parcel. The sample was found to be opium was made into a tin parcel. The sample was found to be opium by the Chemical Examiner vide his report Ex. PD. Thus, the case against the respondent stands fully proved. Accordingly we are of the view that the prosecution has succeeded in bringing home guilt to the respondent beyond reasonable doubt.