STATE OF PUNJAB Vs. DARSHAN KAUR

JUDGEMENT

(1.) THIS appeal against acquittal has been filed by the State of Punjab, challenging the judgment dated 22.7.1988 passed by the Sessions Judge, Amritsar, vide which the appeal filed by the accused Darshan Kaur was accepted, the judgment and order dated 21.7.1987 passed by JMIC, Amritsar was set aside and accused Darshan Kaur was acquitted of the charge under Section 9 of the Opium Act, for which offence, she was convicted by the learned Magistrate and was sentenced to undergo RI for 2-1/2 years and to pay fine of Rs. 1,000/- in default of payment of fine to undergo further RI for two months.

(2.) AS per the case of the prosecution, on 14.8.1981, Inspector Harjit Singh received a secret information that accused Gurdip Singh, Darshan Kaur, Bhupinder Singh and Balwinder Singh were dealing in the sale of opium and large quantity of opium could be recovered from their possession, if the raid was conducted. Thereupon, Inspector Harjit Singh accompanied by other police officials left for village Khaperkheri and on the way associated Darshan Singh, Gurdial Singh from Putligarh Chowk, while chowkidar Rattan Singh was associated in the raiding party on reaching village Khaperkheri. The police party thereupon raided the house of the accused, where accused Darshan Kaur was found present while the other accused were not found present. Thereupon, after getting the key from accused Darshan Kaur, Inspector Harjit Singh opened the lock of a room of the house of the accused where, from the wheat bags stored therein, he found three tins containing 16-1/2 kg, 15-1/2 kg and 16 kg of opium, total 48 kg of opium. He took out 50 gms of opium from each of the three tins as samples and took the same into possession vide recovery memo Exhibit PB after the samples and the bulk were separately sealed. The said recovery memo was got attested from three independent witnesses from the public. Accused Darshan Kaur was arrested from the spot while remaining three accused namely, Gurdip Singh, Bhupinder Singh and Balwinder Singh were arrested later on. The three samples were sent to the Chemical Examiner, who vide his report Exhibit P.1 reported the same to be of the opium. All the accused were charged under Section 9 of the Opium Act, to which charge they pleaded not guilty. Thereupon, the prosecution produced in its evidence PW-1 Ajmer Singh and PW-2 DSP Harjit Singh. Besides that the report of the Chemical Examiner was tendered in evidence besides tendering the two affidavits. Two witnesses, namely, Grudial Singh and Darshan Singh were given up as won over and the prosecution evidence was closed. The accused in their statements under Section 313 Cr.P.C. denied the prosecution allegations against them and stated that they had been falsely implicated in this case. In their defence, they examined DW-1 Santokh Singh and DW-2 Jagtar Singh.

(3.) TODAY at the time of arguments, no one came present on behalf of the respondent accused Darshan Kaur.