THE STATE OF PUNJAB Vs. JAGTAR SINGH

JUDGEMENT

(1.) The State is aggrieved by acquittal of the respondent of the charge under Sec. 15 of the NDPS Act (for short, "the Act"). Case of the prosecution is that on 21.12.1993, Lekh Raj, ASI (PW -3) along with other police officials was present on Small Canal, Barwali Kalan, Chari Road on vehicle Allwyn Nissan No.PB10B -9445 in connection with nakabandi when secret information was received that respondent -accused, who was a famous smuggler of poppy husk and opium, was bringing bags of poppy husk in Tata Tempo 407 No.PB -13B -2695 by putting the same below the paddy for supplying the same to the customers in Punjab. He was bringing the contraband from U.P. by loading the same in his tempo and would pass through.

(2.) The accused was spotted coming in a tempo from Village Chari side. The vehicle was stopped and the driver was asked his name. His disclosed his name to be Jagtar Singh. Wireless message was sent to D.S.P., Samrala to come to the spot. After taking the consent of the accused for search in the presence of the DSP, search of the accused was conducted and then on search of the tempo, 10 bags of paddy were found. Below the bags of paddy, 21 bags of poppy husk were found. On weighment, each bag was found to be of 34 kgs. Two samples each of 250 grams were taken. The bags and sample parcels were duly stamped and were taken into possession in addition to 10 bags of paddy and the tempo. The DSP attested the recovery memos, Lal Chand, Inspector, SHO also came to the spot and the accused alongwith the goods was produced before the SHO, who put his own stamp on the bags of poppy husk and samples. PW -3 Lekh Raj, ASI after completion of investigation, challaned the accused.

(3.) The prosecution examined PW -1 Lal Chand, the then SHO, who deposed that the bags of poppy husk were produced before him by ASI Lekh Raj alongwith 42 sample parcels, the vehicle and the the accused. The said bags were produced before the Court as Ex. P -1 to Ex.P -21 and the samples were produced as Ex.P -22 to Ex.P42. The same were deposited with the MHC Manjit Singh. PW -2 Baljinder Singh corroborated the version of ASI Lekh Raj. He was accompanying ASI Lekh Raj at the time of recovery and he corroborated the factum of recovery in his presence. PW -3 ASI Lekh Raj supported the version given by him in the FIR (Ex.PD). PW -4 Narinder Kaushal, the then DSP, Samrala further corroborated the version of his having received a wireless message from ASI Lekh Raj and his having reached the place of recovery. He also supported the factum of recovery from the accused in his presence. PW -5 MHC Manjit Singh proved his affidavit (Ex.PJ) about safe keeping of the contraband. Ex. PG, report of the Chemical Examiner was also produced to the effect that the contraband was poppy husk. Affidavit of Tarlochan Singh (Ex.PH) was filed about the samples having been taken by him and deposited with the Chemical Examiner on 4.1.1994, which were not tampered with in any manner.