GURCHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The prosecution story in brief is as under: On 21st January, 1986, a police party headed by Gurmej Singh Head Constable was on patrol duty, when they saw the accused coming from the other side. On noticing the police party, the accused got perplexed and tried to retreat, but he was apprehended on suspicion. On his search, one Kilogram of opium was recovered from the Jhola that he was carrying. A sample of 10 grams of opium was separated and the rest of the case property was duly sealed and deposited in the police station. A formal First Information Report was also recorded by A.S.I. Surat Singh. After completion of the investigation, the accused was challenged and brought to trial, for having committed an offence punishable under Section 18 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter called 'the Act') 1985.

(2.) The prosecution in support of its case examined Head Constable Amer Singh PW-1, Constable Sukhdev Singh PW-2, Sub Inspector Bachan Singh PW-3, Constable Sarwan Singh PW-4 and Head Constable Guemej Singh PW-5 and in addition, tendered the report of the Chemical Examiner Ex. PG identifying the scaled article as opium.

(3.) When examined under Section 313 of the Code of Criminal Procedure, the accused denied all the allegations levelled against hint and pleaded that he had been falsely implicated in this case. In addition, he also examined Head Constable lqbal Singh DW-1 and one Bakhtawar Singh Sarpanch of village Aulakh DW- 2.