STATE OF PUNJAB Vs. RAMESHWAR DASS

JUDGEMENT

(1.) THIS is an appeal filed by the State of Punjab against the judgment dated July 7, 1971, of Shri Bakhshish Singh, Judicial Magistrate 1st Class, Sunam, District Sangrur, whereby he acquitted Rameshwar Dass respondent son of Kasturi Lal, aged 27 years, shop-keeper of Sangrur of the offence under Section 9 of the Opium Act.

(2.) BRIEFLY stated, the facts of this case are that on September 4, 1970, at about 4-00 P. M. Bant Singh, Head Constable, Police Station Sunam along with Karpal Singh, Mistri Singh and Gurhinder Singh, Constables, Kuldip Singh, Excise Inspector and Shis Ram, Excise peon, was present at the bus stand of Kothe Chhajli and he was talking with Rohi Ram and Kartar Singh, P. Ws. In the meantime Rameshwar Dass respondent came from Sunam side on a Vespa Scooter number PUL-69 and on seeing the police party at first he kept the speed of the scooter very low and then tried to speed up the scooter and on suspicion he was arrested by the police party. Bant Singh, Head Constable, searched the scooter and recovered four small plastic bags tied separately in different cloth pieces from the tool box, and on opening the same, opium was found therein. The opium was weighed on the spot and it was found that three plastic bags contained 3 kilograms and 700 grams each, and the fourth plastic bag contained 2 kilograms and 300 grams opium. Thus the total weight of the opium recovered from the four plastic bags was 13 kilograms and 400 grams. 50 grams of opium was taken as sample from each plastic bag and each sample was put into a separate tin box. The remaining opium together with plastic bags and bloth pieces was put into a tin box and all the four samples together with the tin containing the remaining opium together with plastic bags and cloth pieces, were sealed with the seal of Kuldip Singh, Excise Inspector bearing the mark 'k. S. '. Bant Singh, Head Constable took all the four tin boxes containing the samples, the tin containing the opium together with plastic bags and cloth pieces, the scooter, the spare wheel, one plastic bag, one rain coat and one bunch of keys etc. , into his possession vide memo Exhibit PA and it was attested by Kuldip Singh, Excise Inspector, Rohi Ram and Kartar Singh, witnesses. He arrested the accused. From the personal search of the accused, one driving licence belonging to the accused, one registration certificate, insurance certificate, currency notes worth Rs. 480. 50 and one wrist watch were recovered vide memo Exhibit PB. He sent ruqa Exhibit PC to the Police Station through Mistri Singh, Constable, and on its basis, the first information report, Exhibit PC/1, was registered by Bela Singh, Sub-Inspector. He prepared the site plan Exhibit PD of the place of recovery and the notes thereon are in his hand. He recorded the statements of the witnesses. The case property was deposited on the same day with Ajaib Singh, Moharrir Head Constable, Police Station, Sunam. The sealed samples were sent to the Chemical Examiner, Punjab, Government, Patiala, for analysis through Mistri Singh, Constable, who in his report Exhibit PE gave the opinion that the contents of all the four samples received by him were opium. He further mentioned in his report Exhibit PE that the seal on each sample was intact and it agreed with the sample seal sent to him. After the completion of the investigation, the accused was challaned under Section 9 of the Opium Act for being in possession of 13 kilograms and 400 grams of opium without any licence.

(3.) IN his statement made under Section 342, Code of Criminal Procedure, in the trial Court, Rameshwar Dass accused admitted that the scooter No. PUL-69, the driving licence in his name and the registration and insurance certificates in respect of the scooter and a sum of Rs. 480. 50 and a wrist watch 'titus' make were taken into possession from him by the police at the time of his arrest, but according to him, he was arrested in the Police Station. He stated that he came to Sunam on that day for taking liquor for his shop at Hariao and when he was standing near the shop of Bodu Ram and was talking to Churanji Lal and Labh Singh and Sham Lal he was taken to the Police Station and was falsely implicated in this case. He further stated that Kartar Singh and Rohi Ram are gun-licence holders and are under the influence of the police and the other witnesses are interested witnesses and they gave false evidence against him. Bant Singh, Head Constable, had fabricated this case against him because Sham Lal, his partner, appeared against Bant Singh, Head Constable, as a witness in a complaint filed by Labhu Ram against Bant Singh, Head Constable, and that Bant Singh, Head Constable, was pressing him that Sham Lal, his partner, should not give evidence against him, and on his refusal, he became inimical to him. He examined three witnesses in defence. The learned Magistrate held that Rohi Ram, P. W. 2, failed to identify the accused in Court, that Kartar Singh, P. W. 1, had appeared AS and witness in 8 or 10 cases and, therefore, their statements could not be relied upon and that the remaining two witnesses namely, Kuldip Singh, Excise Inspector, P. W. 3, and Bant Singh. Head Constable, P. W. 4, were official witnesses and were thus interested in the success of the case and their statements could not be relied upon. He concluded that there was no independent and reliable evidence to connect the accused with the crime and giving the benefit of doubt he acquitted Rameshwar Dass, respondent. The State of Punjab filed this appeal against his judgment on the ground that the decision of the learned Magistrate is wrong, the appeal may be accepted and the accused may be punished according to law. This appeal was admitted on November 18, 1971, by a Division Bench of this Court.