STATE OF PUNJAB Vs. JASBIR SINGH @ JASSI

JUDGEMENT

(1.) ON 3rd of April, 1985, Sub-Inspector Brij Mohan Sarup, Incharge of Police Station Nihal Singh Wala, on the basis of credible secret information while patrolling in the area of village Jawahar Singh Wala, early in the morning regarding the involvement of Jasbir Singh, accused respondent in the sale of opium despatched a ruqa, Exhibit PA to the Police Station at 4.40 a.m. through Gurcharn Singh Constable for registration of the case under Section 9 of the Opium Act, 1878. Thereafter, he alongwith other police officials after joining Munim Singh witness from village Patto Hira Singh raided the house of Jasbir Singh accused located in the latter's village. The accused was found present there. On interrogation, the accused disclosed vide statement, Exhibit PB, having kept concealed opium after wrapping in a glazed paper under a heap of chaff lying in the kotha of his house meant for storing chaff etc. The accused then led the policy party and got recovered the opium wrapped in a glazed paper from inside the kotha and out of it, ten grams of opium was separated and sealed as a sample and the remaining opium was sealed in a different tin box. All these articles were taken into possession vide memo Exhibit PC. The Sub-Inspector also prepared rough site plan, Exhibit PD of the spot, besides recording the statements of the witnesses. The sample of the opium was sent to the Chemical Examiner, who vide his report, Exhibit PG, confirmed it to be of opium due to the presence of morphine and meconin acid therein. After completion of the investigation the accused was arraing for trial on such like allegations.

(2.) BEFORE the trial Court in order to prove its above referred case, the prosecution examined Sub-Inspector Brij Mohan Sarup (PW 1) and Constable Shinder Pal Singh (PW 3) as witnesses to the disclosure statement and the recovery. The formal evidence of Constable Rukwinder Singh and Hawaldar Mehama Singh was tendered on affidavits Exhibits PE and PF respectively. Rukwinder Singh, Constable, was allowed to be cross-examined as PW 2 on the request of the defence. The report Exhibit PG of the Assistant Chemical Examiner was also tendered in evidence. Munim Singh the only non official witness was given up as having been won over by the accused.

(3.) FEELING aggrieved against the above referred order of acquittal of the trial Court, the State has come up in appeal. Leave to appeal was granted by the Division Bench of this Court and the appeal was admitted.