STATE OF PUNJAB Vs. DHARMINDER SINGH ETC

JUDGEMENT

(1.) The present appeal has been filed against the judgment of acquittal dtd. 23/7/2003 passed by the Judge Special Court, Nawanshahr.

(2.) The FIR was registered on 3/12/2000, the judgment of acquittal passed by the Judge Special Court, Nawanshahr is dtd. 23/7/2003, the appeal was filed on 24/9/2003 and the matter is being taken up for hearing now after a period of more than 25 years of the registration of the FIR.

(3.) The story of the prosecution was that on the intervening night of 2/3/12/2000, Parveen Kumar S.I alongwith A.S.I. Narinder Singh, ASI Kalwant Singh, H.C. Gurbax Lal, SPO Raj Kumar, PHG Santokh singh, PHG Sucha Ram, PHG Gurnam Singh and PHG Avtar Singh under the supervision of Shri Balbir Singh DSP, was holding a Naka for special checking at Bus Stop, Ballachaur. Secret information was received that Dharminder Singh alias Manga son of Malkiat Singh, resident of village Bhagauran and Macky son of Telu Ram, resident of Kallar Colony, Nawanshahr were dealing in the sale of a large quantity of smack and poppy husk and that they would be coming on a Truck bearing No.PB-32-A-3944 from Garhshankar side to Nawanshahr. In the said truck, underneath the bags of groundnuts were bags of poppy husk and if the said truck was checked, heavy quantity of poppy husk could be recovered. Jatinder Pal Singh son of Chanan Singh, resident of Garhshankar Road, Nawanshahr, was joined as a public witness. At about 04.30 A.M. on 3/12/2000, one truck came from the side of Garhshankar, which was signaled to stop in the light of the torch. The driver of the truck and the person sitting by his side, were apprehended and the driver on enquiry disclosed his name as Dharminder alias Manga and other person, who had been sitting by on the conductor side, disclosed his name as Macky. Balbir Singh DSP, Nawanshahr, disclosed his identity to them and told them that there was a suspicion of the them carrying bags of poppy husk in the said truck and asked if they wanted the search of the truck to be conducted by him or from some Magistrate. Both the accused stated that DSP Balbir Singh could conduct the search of their truck and the consent memos of accused Dharminder Singh Ex.PA and that of Macky Ex.PB were recorded which were thumb marked by the accused and attested by ASI Narinder Singh PW3, SI Parveen Kumar PW5 and Jatinder Pal Singh. Under the supervision of DSP Balbir Singh PW8, the search of the truck No.PB-32A-3944 was conducted, which revealed the presence of 30 bags of poppy husk hidden behind the bags of groundnuts. After arranging a floor scale, sample weighing 250 grams from each of the said 30 bags was separated and the 30 bags with their contents after having taken samples were found to be 34 Kgs. 750 grams each. The accused failed to produce any permit or licence for carrying the poppy husk. The samples and the bulk of the poppy husk contained in 30 bags were sealed by DSP Balbir Singh PW8 with his seal 'BS' and separate seal impressions were prepared. Thereafter, the seal was handed over to ASI Narinder Singh PW3. The samples, bags containing poppy husk and sample seal and the truck bearing No.PB-32A-3944 were taken in possession vide recovery memo Ex.PC which was attested by Balbir Singh DSP, Jatinder Pal Singh and ASI Narinder Singh. From the search of the cabin of the said truck, registration certificate of the truck showing the ownership of accused Bahadur Singh son of Darshan Singh, resident of village Malpur Arkan, District Nawanshahr and Bilty from Mangal Chand Rameshwar Dass Jaipur, favouring A.S. Industry Area, Kapurthala dtd. 29/11/2000 in respect of the bags of groundnuts were recovered and the said bags of groundnuts on counting were found to be 160 in number each weighing 55 Kgs. The said articles were taken into possession vide recovery memo Ex.PD which was attested by A.S.I. Narinder Singh PW3 and Jatinder Pal Singh. Personal search of accused Dharminder Singh was conducted which revealed the presence of currency notes of Rs.152.00 which were taken in possession vide search memo Ex.PE. The same was thumb marked by Dharminder singh accused and attested by Narinder Singh ASI. Personal search of accused Macky revealed currency notes of Rs.162.00 and one mobile phone make Panasonic, which were taken in possession vide personal search memo Ex.PF, which was thumb marked by the accused Macky and attested by ASI Narinder Singh. The arrest memo in respect of accused Dharminder Singh Ex.PG was prepared and arrest memo Ex.PH was prepared in respect of accused Macky. The Investigating Officer sent ruqa Ex.PM to the Police Station, on the basis of which formal F.I.R. No.269 under Sec. 15 of the Act was registered at Police Station City, Nawanshahr by MHC Surjit singh. The Investigating Officer prepared rough site plan Ex.PO depicting the place of recovery. Intimation was sent to SHO Baldev Singh of Police Station, City, Nawanshahr, who reached the spot and after interrogating the accused and verifying the case property and the samples, fixed his seal 'BS' on 30 bags of poppy husk and samples containing poppy husk and also prepared sample seal impression and retained his seal with him. The Investigating Officer deposited the case property and samples with M.H.C. Surjit Singh. The samples were sent to the Forensic Science Laboratory, Chandigarh and report Ex.PQ of the FSL, was received that contents of all the 30 samples, after analysis were found to be of poppy husk.