TARSEM LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE facts giving rise to the present appeal are as under :

(2.) ON 9th January, 1986, Gurmail Singh, Head Constable along with Constables Tasvir Singh and Ajmer Singh of Police Station Division No. 5, Jalandhar was on patrol duty. At about 8 A.M. when they reached near the turning of Dilbagh Nagar, they saw the accused coming from the opposite direction, who on seeing the police party 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 20 grams of charas was recovered from the right side pocket of the trouser that he was wearing. A small sample of five grams was taken out for analysis whereas the rest of the residue was transferred into a small tin box and sealed. A ruqa Ex. PB was also sent to the Police Station on the basis of which, formal F.I.R. under Section 61(1)(a) of the Punjab Excise Act, 1914 was registered at the Police Station. The sample sealed was also sent for analysis to the Chemical Examiner and it was found to be charas. The accused was, however, charged under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called 'the Act') and as he pleaded not guilty, was brought to trial.

(3.) THE prosecution examined Constable Tasvir Singh as PW -l and Head Constable Gurmail Singh as PW -2 and also tendered into evidence affidavits of various police officials in order to constitute the link evidence in this case.