JOGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellant Joginder Singh has filed the present appeal against his conviction under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called 'the Act') on the following facts :-

(2.) ON 11th July, 1993, Sub Inspector Jagdev Singh-PW2 of Police Station Sadar Abohar alongwith A.S.I. Roor Singh and other police officials was going from the side of Kala Tibba towards village Ram Saran and when the police party had gone one kilometre ahead of village Kala Tibba, it observed the accused coming from the opposite side on a camel cart, who on seeing the police party, tried to turn the cart towards his left side which excited the suspicion of the party. The accused was, accordingly, encircled and apprehended. Sub Inspector Jagdev Singh informed him of his right under Section 50 of the Act and made an offer that he could be searched in the presence of a Gazetted Officer or a Magistrate if he so required, but that offer was declined vide memo Ex.PA. On search of the camel cart, poppy husk weighing 1 quintal 5 kgs. was recovered. A sample of 100 grams was taken out and the remaining poppy husk and other incriminating articles were taken into possession vide memo Ex.PE and ruqa Ex.PE was sent to the police station which led to the registration of the formal First Information Report Ex.PE/1. The sample which was taken from the bulk quantity was duly sent to the Chemical Examiner, who vide his report Ex.PF found it to be narcotic. The challan was, accordingly, presented in the Court after completion of the investigation, and as the accused pleaded not guilty, he was brought to trial.

(3.) WHEN examined under Section 313 of the Code of Criminal Procedure, the accused denied all the prosecution allegations and pleaded false implication and further set up a defence that the had been arrested by the police of Police Station, Jalalabad on 25th June, 1993 and had been subsequently beaten and then handed over to the police of Police Station Sadar, Abohar and, thereafter, involved in the present case. In defence, the accused also examined various witnesses including Sh. Savinder Singh, Ahlmad in the Court of Shri Sukhdev Singh, Judicial Magistrate Ist Class, Fazilka, who deposed that one Fauja Singh son of Sh. Piar Singh on 7th July, 1993 had moved an application Ex.DA to the effect that the accused had been detained by the police on 25th June, 1993 and it was apprehended that he would be involved in false case.