STATE OF PUNJAB Vs. BAKHSHISH SINGH ALIAS SHISHA

JUDGEMENT

(1.) THIS appeal has been filed by the State of Punjab against the judgement of acquittal recorded by the Additional Sessions Judge, Freozepur, on 7th April, 1992 for an offence punishable under Section 18 of the Narcotic Drugs and Psychotropic substances Act (for short the 'Act')

(2.) THE prosecution case, in substance, is that on 18th September, 1989 A.S.I. Darshan Singh P. W. 3 along with A.S.I. Mal Singh P.W. 2 and other police officials were returning to the C.I.A. Staff Ferozepur after conducting a raid on the extremists' hide -out in the area of Police Station Makhu and When the police party reached near the bridge of Sokar canal, the accused -respondent met them by chance and on seeing the police party he teed to slip away. As this raised a suspicion in the mind of the police party, they apprehended the accused -respondent and after A. S.I. Darshan Singh had given him an option for being searched before a gazetted officer or some Magistrate, which offer was declined, a memo Ex.PA was thereafter prepared and signed by the respondent as also by the P.Ws. indicating that the respondent had been given the offer under Section 50 of the Act but had stated that as he reposed confidence in the police, he would be satisfied if the search was made by A.S.I. Darshan Singh. The search on the person of the respondent was thereafter conducted and 4 -1/2 kilograms of opium was found from his person. A sample of 100 grams of opium was separted whereas the rest of the seized matter was sealed and all these articles after being taken into possession vide Ex. P.C. were deposited with the police. The grounds of arrest were also recorded under Memo Ex. P.D. and raga Ex. P.E. was sent to the police station on the basis of which formal F.I.R. Ex. P.E/l was registered. On finding that a prima facie case was made out against the respondent under Section 18 of the Act, he was brought to trial and he pleaded innocence

(3.) THE prosecution in order to bring home the guilt to the accused - respondent, examined in all four witnesses and also tendered in evidence certain affidavits with regard to the formal evidence in the case; P.W. 2 A.S.I. Mal Singh who was the witness of the recovery of the opium gave the sequence of events with regards to the apprehension of the respondent and also admitted that no independent witness had been joined; P.W.3 A.S.I Darshan Singh who was the investigating Officer of the case narrated the prosecution story as given above and (corroborated the version of P.W.2 A.S.I. Mal Singh whereas P.W.4 Inspector Joginder Kumar deposed that the case property and the respondent were produced before him on the day of the seizure and arrest.