LAKHWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT along with his co -accused had faced the trial in FIR No. 45 dated 24.3.2001, registered at Police Station Jhabal. Prosecution story, in brief, is that on 24.3.2001

(2.) INSPECTOR Nagour Singh along with other police officials were travelling from Abohar towards Matili road in connection with checking of suspicious persons in a government vehicle. When the police party reached the drain in the area of village Ramsaran, they saw that a truck was parked on the left side of the road. When the police party reached near the truck, a person lying under the truck started running towards fields. The said person was apprehended and he disclosed his name as Avtar Singh. Two more persons sitting in the truck, were apprehended and they disclosed their names as Jasbir Singh and Lakhwinder Singh. Inspector Nagour Singh asked all the three persons turn by turn that he suspected that some intoxicant material was available in the truck and the same had to be searched. The said persons had a right to get the search effected from Inspector Nagour Singh or in the presence of some gazetted officer or a Magistrate. The accused opted that the search be got effected in the presence of a gazetted officer. In this regard, separate memos of the accused were prepared. Gurmit Singh Randhawa, Deputy Superintendent of Police ('DSP' for short) was called to the spot. On reaching the spot, DSP introduced himself to the accused. Accused reposed confidence in the DSP and said that they had no objection if the search of the truck was conducted in his presence. Separate consent memos of the accused, in this regard, were prepared. Truck bearing No. PB -02 - T -9971 was searched. The truck was loaded with bananas. One small iron box was found lying under the bananas. The iron box was locked and Inspector Nagour Singh demanded the key of the box. Accused Jasbir Singh took out the key from his right pant pocket and opened the iron box. Opium wrapped in a glazed paper was recovered in the iron box. Two samples weighing 20 grams each were separated from the recovered opium and the same were made into sealed parcels. The remaining opium on weighment came to 56 kilograms and 960 grams. The said opium was again kept in the iron box and was locked with the same lock. The said box was made into a sealed parcel. The parcels were sealed by Inspector Nagour Singh with seal bearing impression 'NS'. DSP Gurmit Singh Randhawa also affixed his seal on the parcels bearing impression 'GS'. Seal after use was handed over by Inspector Nagour Singh to Banta Singh, Assistant Sub Inspector ('ASI' for short) whereas DSP retained the seal with him. Case property was taken in possession and memo in this regard was prepared. Personal search memos of the accused were prepared and rough site plan of the place of recovery was prepared by Inspector Nagour Singh. Ruqa was sent to the police station for registration of FIR. On return to the police station, Inspector Nagour Singh kept the case property under his supervision and accused were locked in police lock -up. On 25.3.2001, accused were produced before the Area Magistrate along with the case property. On 2.4.2001, one sample parcel along with sample seal were handed over to Constable Jagpal Singh for depositing the same in the office of chemical examiner. After deposit of the sample with the chemical examiner, Constable Jagpal Singh handed over the receipt to Inspector Nagour Singh. After receipt of report of chemical examiner and after completion of investigation and necessary formalities, challan was presented against the accused. Charge was framed against the accused under Section 18 of Narcotic Drugs and Psychotropic Substances Act, 1985 ('Act' for short) vide order dated 15.6.2001.

(3.) DURING trial, accused Jasbir Singh absented and was declared a proclaimed offender vide order dated 4.6.2004.