RAJ KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THESE are two appeals filed by Hawa Singh (Criminal Appeal No. 401-DB of 2000) and Raj Kumar (Criminal Appeal No. 627-DB of 2000) against their conviction by learned Special Judge, Sangrur on July 6, 2000 for having been found guilty under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") qua the possession of 8.250 Kg of opium.

(2.) HAWA Singh of Pirthala Police Station Tohana, District Fatehabad (Haryana) and Raj Kumar of Bhantheri (Rajasthan) were travelling in Armada Jeep HR 20D/7454 on September 16, 1998. When the Jeep reached near T point Papra within the area of Police Station Moonak, District Sangrur, it was stopped by SI Sukhwinder Singh (PW-3) who was present there along with other police officials and Chanan Singh. The jeep was being driven by Raj Kumar while Hawa Singh was sitting by his side on the front seat. There was a bag lying between Raj Kumar and Hawa Singh's seat. SI Sukhwinder Singh (PW-3) informed the accused that he suspected that there was something suspicious in the bag which was required to be searched. He also told the accused that, if they desired, search could be conducted before a Magistrate or Gazetted Officer. Both accused separately consented to their search before a Gazetted Officer and their separate statements were recorded which were signed by them and also witnessed by Chanan Singh and ASI Inder Singh. SI Sukhwinder Singh then sent a message from the spot asking DSP Ranbir Singh Head Quarter, Sangrur (PW-4A) to reach the spot. DSP Ranbir Singh received the message at 8 A.M. and reached the spot soon thereafter. In the presence of the said officer, the bag was searched and found to contain 8.250 Kgs of opium wrapped in glazed paper. Two samples of 10 gms. each were taken out from the bulk and put in small tin containers. These items were taken into possession vide recovery memo attested by DSP Ranbir Singh, witnessed by Chanan Singh and ASI Inder Singh and prepared by SI Sukhwinder Singh. The Jeep of the accused along with its certificate of registration in the name of its owner Jai Parkash son of Balbir Singh resident of Bhantheri District Jhunjhunu (Rajasthan) was taken into possession. The driving licence of Raj Kumar was also taken into possession. Thereafter the report of the case was sent to Police Station Moonak and case was registered under Section 18 of the Act against the two accused-appellants. The accused were arrested and searched. Cash was recovered from their possession; Rs. 35/- from Raj Kumar and Rs. 450/- from Hawa Singh. A wrist watch was also recovered. On return to the Police Station case property was deposited with M.H.C. and the samples were sent for analysis. The Chemical Examiner reported that the contents of the sample were opium. After completion of the investigation accused were sent up to face trial.

(3.) PROSECUTION examined Ravi Shankar, Motor Licence Clerk, Office of the S.D.M., Hisar as PW-1 who testified that ownership of Jeep No. HR 20ID/7454 stood in the name of Jai Parkash son of Balbir Singh of Bhantheri, District Jhunjhunu (Rajasthan). Attar Singh, Steno to S.D.M., Hisar was examined as PW-2 to testify that Driving Licence No. 89145 dated May 24, 1996 had been issued in the name of Raj Kumar son of Gopi Ram (appellant herein) resident of House No. 109, Nalbandi Gali, Police Station Road, Hisar. SI Sukhwinder Singh appeared as PW-3. Reader Sudesh Kumar, Court of Judicial Magistrate Ist Class, Sunam appeared as PW-4. DSP Ranbir Singh appeared as PW-4A, HC Jaswinder Singh (PW-5) and C. Karnail Singh (PW-6). Report of the Chemical Examiner Ex. PR was tendered in evidence and taken on record. After close of the prosecution evidence, the accused were examined without oath and they denied the various items of the prosecution evidence. Hawa Singh admitted that his watch along with Rs. 450/- were taken from his possession but stated that "we were taking liquor in front of a liquor vend and S.I. Sukhminder Singh in private uniform started questioning us. When there was an altercation with him, he called the police and we were taken to the Police Station where false recovery was planted." Similar was the statement of Raj Kumar who admitted the recovery of his Driving Licence but stated that it was recovered from liquor vend at village Maniana and Rs. 35/- had also been recovered but he denied all other items of prosecution evidence which appeared against him and gave a statement similar to the statement given by Hawa Singh.