MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal arises out of the following facts: On 1.1.1986 a police party consisting of A.S.I. Surat Singh and Constables Jugraj Singh and Gurbachan Singh was proceeding from village Danewala towards village Kingra on cycles for patrolling. When they were at a distance of about 50 yards from the Gurdwara of village Kingra, the accused was seen coming from the village side and on noticing the police party he tried to retrace his steps. This conduct of the accused aroused the suspicions of the police party and he was accordingly apprehended and searched and 510 grams of opium was recovered from his jhola. The opium was accordingly taken into possession and on completion of the investigation, the accused was sent up for trial.

(2.) The prosecution in support of its case examined Head Constable Kaur Chand as PW-1, Constable Jugraj Singh as PW-2 and A.S.I. Surat Singh as PW-3 and also tendered into evidence other documents relevant to the investigation. When examined under Section 313 Cr.P.C. the accused denied the recovery and claimed innocence. He further stated that he had been implicated at the instance of the Sarpanch as he had some dispute with him with regard to the payment of wages due to him. He also examined Amar Singh DW-1 and Sadhu Singh PW-2 in his defence.

(3.) The trial court came to the conclusion that the evidence of the police witnesses inspired confidence and the minor discrepancies in their statements could be ignored; that the non joining of an independent witness was not necessary as the meeting between the accused and the police party was an unplanned and fortituous one; that the defence version was not liable to be believed and having held as above, convicted and sentenced the accused under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'Act') to R.I. for 10 years to the payment of fine of Rs. 1 lac or in default of payment of fine to further undergo R.I. for three years. Hence this appeal.