NACHHATRO Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ANOTHER case under the Narcotics Drugs and Psychotropic Substances Act (NDPS Act), which apparently is not properly investigated, leading to the result that is to follow. In far too many cases, it is noticed that the police resort to very casual investigations into such serious cases as a result of which undue benefits accrue to the persons accused of serious offences under the Act. There may be a need to streamline and regulate the manner or mode of investigation. It is noticeable that generally similar or identical pleas are raised in various cases for acquittal in such cases. In majority of the cases, the plea of conscious possession or violation of statutory or mandatory provisions of the NDPS Act are raised. It is not understood as to why the police would not follow such provisions or otherwise properly investigate the source of contraband so that aspect of possession or the accused being in conscious possession, is properly investigated. There is a need for some comprehensive directive to ensure meaningful and proper investigation. Leaving this aside, let us notice the facts in the present case which are as under :-

(2.) THE case of the prosecution was mainly supported by ASI Jaswinder Singh and other police witnesses. Independent witness Kahan Singh was given up as having been won over. The appellant, when examined under Section 313 Cr.P.C, pleaded her innocence besides urging that nothing was recovered from her possession and she had been falsely implicated in this case.

(3.) AS already noticed, prosecution in this case would mainly depend upon the version given by ASI Jaswinder Singh,(PW-2). He gave out the manner in which he happened to see the appellant running away on seeing the police vehicle. PW-2 further deposed that he had followed her when she had entered into her house, which led to recovery of two bags of poppy husk. Having given the account of the manner of recovery etc., PW2 deposed that the property was sealed with his seal bearing impression 'JS'.