STATE OF PUNJAB Vs. BAL KISHAN

JUDGEMENT

(1.) This appeal has been preferred by the State against the judgment dated 9.11.2000 passed by the Special Judge, Amritsar vide which the respondent has been acquitted of the charge framed against him under Section 18 of the Narcotic Drugs and Psychotropic Substances Act 1985 (hereinafter to be referred as 'the Act' in short) in case FIR No.143 dated 12.09.1996 under Section 18 of the Act, Police Station Chheharta.

(2.) Briefly stated case of the prosecution is that on 12.09.1996 Balkar Singh SI/SHO of Police Station Chheharta along with SI Om Parkash and other police officials was present at the turning of Kotli Nasir Khan, in connection with patrolling and checking of vehicles. One Kasturi Lal s/o Jyoti Ram r/o G.T. Road, Chheharta came there per chance and he was joined in the Police Party. At about 8:15 PM there came one person on a scooter of white colour bearing registration No.PB02-F-7621, from the side of village Basarke Gillan, whose name was later on on inquiry came to be known as Bal Kishan @ Koddu s/o Raj Kumar r/o Gali No.1, H. No.2356/18, Kot Ghanaiya Lal, Sultanwind Road, Police Station, BDivision, Amritsar. He was signalled to stop with the help of torch light, who on seeing the police party became perplexed and stopped at once. On seeing the scooter, some substance wrapped in a plastic envelope was found lying in its basket. On becoming suspicious that the said envelope is containing Opium, he told accused Bal Kishan that his search is to be conducted, as to whether he wants his search to be conducted from any Magistrate or Gazetted Officer. Upon this he disclosed that he wants his search to be conducted from Gazetted Officer, and accordingly his consent memo in this regard was prepared. Request was made through wireless message to Harcharan Singh Bhullar, Deputy Superintendent of Police (Rural) to reach at the spot. On his arrival at the spot, SI Balkar Singh conducted search of the scooter of the accused under his supervision, and during search Opium wrapped in glazed paper was recovered from the plastic bag which was lying in the basket of the scooter. From the recovered Opium, 10 grams Opium was separated as sample in a Dabbi and the remaining bulk opium was found to be 7 kgs 990 grams on weighment. It was put into a separate Dabba Tin. Sample and the Dabba Tin containing remaining opium were converted into parcels which were duly sealed with the seal of "BS" and "HSB" and the same were taken into police possession vide a memo along with abovesaid scooter bearing registration No.PB02F- 7621. Seals after use were handed over to independent witness Kasturi Lal. During personal search of the accused, currency notes of Rs. 45/- were recovered which were also taken into police possession vide a separate memo. By keeping 8 kgs Opium in his possession, accused Bal Krishan has committed an offence under Section 18 of the Act and accordingly, ruqa was sent to the Police Station, on the basis of which instant case was registered. Site plan of the place of recovery was prepared. Accused was formally arrested in this case and grounds of arrest were supplied to him. Statement of witnesses were recorded. On receipt of report from the office of Chemical Examiner and on completion of investigation challan against the accused was presented in the Court of Illaqua Magistrate, who further committed the case to the Court of learned Sessions Judge, Amritsar after supplying copies of the documents as required under Section 207 of the Cr.P.C. free of cost to the accused.

(3.) Accused was charge-sheeted for the offence punishable under Section 18 of the Act, to which he pleaded not guilty and claimed trial. During the trial, the prosecution has examined three prosecution witnesses. Then the statement of accused was recorded under Section 313 Cr.P.C., in which he denied all the incriminating evidence brought against him by the prosecution and pleaded his innocence and false implication in this case. It is further his plea that in fact he was picked up by the Police from his house, he was detained illegally and thereafter a false case was planted upon him.