SURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE prosecution story, in brief, is that on 6.8.1979 Head Constable Natha Singh, along with Constable Naranjan Dass (PW2) and some other constables, was going on patrol duty, along the road towards Chak Kharak Singh Wala from the side of Basti Nizamdin. When they reached near the well known as Bulaki Wala in the area of Chak Kharak Singh Wala, the petitioner was seen coming with a gunny bag on his head. On seeing the police party, he tried to retreat. He was apprehended. On search of the gunny bag, rubber-tube, Ex. P. 2 was recovered which was found to contain illicit liquor. 180 ml. of illicit liquor was separated from the contents of the tubes as a sample and sealed. The remaining contents of the tube were transferred into 24 bottles Ex. P. 3 to P. 26. Those bottles were separately sealed. Head Constable Natha Singh sent ruka Ex. PB to Police Station Sadar, Ferozepure, for registration of a case and on its basis Formal First Information Report Ex. PB/1 was recorded. Sample was sent to the Chemical Examiner who, vide his report Ex. PD, opined the contents to be of illicit liquor. After necessary investigation, the petitioner was charge sheeted.

(2.) AT the close of the prosecution evidence, the petitioner was examined under section 313 of the Code of Criminal Procedure. He denied the prosecution allegations. He examined Waryam Singh in his defence. This witness has stated that the Police had come to the village and had searched the house of the petitioner, but nothing incriminating was recovered.

(3.) THE learned counsel for the petitioner argued that in the present case, no independent witness was joined at the time of the alleged recovery from his client. The prosecution version it that the Police party was on patrol duty when the petitioner was apprehended. In these circumstances, it could not be expected that the patrol party should have joined an independent witness before the search of the petitioner was conducted.