GURPREET SINGH AND ANR. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) On 25th Dec., 1989, Inspector Balbir Singh (PWI) then Station House Officer of Police Station Nathana along with ASI Mukhtiar Singh (PW2) and Head Constable Jaswant Singh and various other police officials was holding a make at the canal bridge in the area of village Mari when a truck bearing Registration No.PJS 6161 came from the side of village Bajjoana. The truck was signalled to stop and the two persons (who disclosed their names as Gurpreet Singh and Nadha Singh accused) sitting in it were given an option as to whether they would like to be searched in the presence of a gazetted officer. The accused, however, expressed confidence in Inspector Balbir Singh and their consent memo was accordingly recorded by him. The accused were then searched and 27 bags of poppy husk each containing 40 Kgs. were recovered from the truck. Samples were separated from each bag and sent for analysis, whereas various other recoveries relevant to the investigation were also made. On analysis, the Chemical Examiner opined in his report that the samples were of poppy husk and, therefore, a psychotropic substance. These two accused were accordingly brought to trial for an offence punishable under Sec. 15 of the Narcotic Durgs and Psychotropic Substances Act, 1985 (hereinafter called the Act), whereas Nachattar Singh, who was the owner of the truck was also roped in under Sec. 25 thereof.

(2.) In order to substantiate the allegations against the accused, the prosecution in addition to Sub-Inspector Balbir Singh and ASI Mukhtiar Singh PWs 1 and 2 respectively, also examined ASI Jagnandan Singh as PW3 and Ajaib Singh as PW4.

(3.) When examined under Sec. 313 Crimial P.C., the accused denied their involvement in the seizure in question and pleaded false implication. They further took the plea that the truck had met with an accident in which a buffalo belonging to one Niranjan Singh had been killed. They further stated that the truck had over-turned on account of the accident in which the persons occupying it had left the place leaving it on the road side.