RAMESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal arise out of the following facts: - On 1st March, 1986 at about 8 a.m. a police party comprising amongst others Constable Gurdip Singh PW.1 and S.I. Randhir Singh PW.2 from Police Post Garhdiwala was on patrol duty and when it reached near the turning of road towards village Kullian, the accused Ramesh Kumar and one Joginder Singh were seen double riding a scooter. A double riding was banned in those days, they were arrested and First Information Report No. 64 for an offence under Section 188 of the Indian Penal Code was registered against them. The accused Ramesh Kumar was also searched as a result of which, 200 grams of opium was recovered from the right side pocket of the jacket worn by him. On the basis of this recovery, another First Information Report Ex. PB/1 was registered against him and on completion of the investigation, he was c'Fallaned for having committed an offence punishable under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter called 'the Act'). As he pleaded not guilty to the charge, he was brought to trial.

(2.) IN support of its case, the prosecution relied upon the evidence of PW -1 Gurdip Singh and PW -2 Randhir Singh and in addition, relied upon the formal witnesses produced by the prosecution.

(3.) WHEN examined under Section 313 of the Code of Criminal Procedure, the accused stated that he had been falsely roped in by the police as he had refused to pay Rs. 1,000/ - demanded by Randhir Singh sub Inspector PW -2. The trial Court came to the conclusion that the evidence of PW -1 Gurdip Singh and PW -2 Randhir Singh inspired confidence as there was no material discrepancy in their statements; that the defence story was not worthy of any credence and having held as above, convicted and sentenced the accused to undergo R.I. for ten years and to pay a fine of Rs. one lac and in default there of to further undergo R.I. for two years. Hence this appeal.