STATE OF PUNJAB Vs. SUKHMANDER SINGH AND ORS.

JUDGEMENT

(1.) THE State has filed the present appeal for challenging the judgment dated 16.1.1998 passed by the Additional Sessions Judge, Bathinda whereby both the respondents were acquitted of the charge under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (for short 'the Act').

(2.) ACCORDING to the prosecution, on 27.6.1995 Inspector Nazar Singh, alongwith his fellow officials, was going from Talwandi Sabo to Natheha on G.T. Road in connection with patrolling on government vehicle bearing No. PIB 4016 being driven by HC Hakam Singh. One Sant Singh son of Kallu Singh caste Jatt, resident of Fatehgarh Nau Abadh was joined in the police party from the bus stand of Fatehgarh Nau Abadh. When the police party was present in the area of village Lehri Tikoni Nagla on road leading from Talwandi Sabo to Sardulgarh, one jeep bearing registration No. HR -13 -4327 came from the side of Sardulgarh which was got stopped. SI Nazar Singh, on enquiry, learnt that the driver of the jeep was Gurjit Singh @ Jit Singh son of Mal Singh, caste Jatt, resident of Kartar Basti, Bathinda while the person by his side was Sukhmander Singh @ Pappi, son of Joginder Singh, caste Jatt, resident of Gulabgarh Naiwala, Police Station Sadar, Bathinda. Finding their activities to be suspicious, SI Nazar Singh told both of them that they as well as their jeep were required to be searched as they may be carrying some narcotic substance but they had the right to get the search conducted either in the presence of a Magistrate or a gazetted officer. On this, both, Sukhmander Singh @ Pappi and Gurjit Singh @ Jit Singh replied that the search be conducted in the presence of a gazetted officer. In this regard, memo. was prepared which was signed by them. An information was then sent to the Police Station Talwandi Sabo for sending gazetted officer to the spot. After some time, Shri S.K. Ashthana, IPS, alongwith his personal staff, reached the spot and conducted an enquiry. Inspector Nazar Singh, thereafter, conducted the search of the jeep which led to recovery of poppy husk from four jute bags lying underneath the tarpaulin. Inspector Nazar Singh took out 200 grams of poppy husk from each of the four bags as sample and the remaining poppy husk came to be 34 kgs. in each bag. The samples as well as the jute bags containing poppy husk were taken into possession and duly sealed. The seal, after use, was handed over to ASI Atma Singh. As the two accused could not produce any licence for keeping the poppy husk, they were found to have committed offence under Section 15 of the Act. Accordingly, Inspector Nazar Singh prepared a ruqa and sent the same to the Police Station for registration of case. Pursuant thereto, FIR No. 38 dated 27.6.1995 came to be registered at Police Station Talwandi Sabo at 9.15 p.m.

(3.) IN support of its case, the prosecution examined PW1 Inspector Nazar Singh, PW2 Constable Ashok Kumar, PW3 Satish Kumar, Superintendent of Police and PW4 Constable Jeet Singh, besides tendering report Ex. PK of the Chemical Examiner.