THE STATE OF PUNJAB Vs. AJIT SINGH

JUDGEMENT

(1.) Leave to appeal was granted to the State of Punjab to challenge the judgement dated 09.09.1999 passed by the learned Additional Sessions Judge, acquitting respondent Ajit Singh for the charge framed against him under Sec. 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as 'the Act').

(2.) Prosecution story as unfolded by SI Surjit Chand, is that on 06.04.1996, he, along with ASI Lakhwinder Singh and other police officials, was going from Bharat Nagar Chowk towards Bus stand, Ludhiana for patrolling in a private gypsy for checking of bad elements in the area. When police party reached near the bus stand, Ludhiana, Deputy Superintendent of Police Gurmail Singh, along with his staff also met them. When the police party reached on the crossing of Model Town Extension, one person was seen coming from the side of Jawaddi bridge on the scooter bearing registration No. PCF 8934. On seeing the police party, he turned the scooter in an attempt to go back. On the basis of suspicion, he was apprehended. Meanwhile, Om Parkash also reached at the spot. He was associated with the police party. The search of the said person was conducted by SI Surjit Chand in the presence of DSP Gurmail Singh. One plastic bag of white colour was found lying on the foot rest of the Scooter. Upon search of the said bag, opium wrapped in a glazed paper was recovered, which was found to be 9 kilograms on weighment. Out of the recovered contraband, two samples of 10 grams each were separated. They were put into two separate small tin boxes and were converted into parcels. The residue opium was also put in a tin box and made into parcel. All the three parcels were sealed with seal of Surjit Chand bearing impression 'SC' as well as with seal of DSP Gurmail Singh superscripting 'GS'. Specimen of the seals was also prepared. The seal of Surjit Chand, after use, was handed over to ASI Lakhwinder Singh and seal of Gurmail Singh, DSP was kept by himself. Case property was taken into possession vide recovery memo EX PA, which was attested by ASI Lakhwinder Singh and Om Parkash (PWs). Personal search of the accused was also conducted and Rs. 342/ -were recovered, which were taken into possession vide recovery memo EX PB, attested by the aforesaid witnesses. Ruqa, EX PC, was sent by the Investigating Officer to the Police Station, on the basis of which, FIR EX PC/1 was recorded. Rough site plan EX PD was prepared. Statements of the witnesses were also recorded. Accused was arrested. On return to the Police Station, case property was handed over to MHC Tarlochan Singh and higher officers were also informed through special report. On 07.04.1996, the incharge of Police Station moved application, EX PF, before the Judicial Magistrate Ist Class, Ludhiana seeking permission to produce the case property. The learned Magistrate on checking the case property having been sealed with seals of SC and GS, returned the same after putting his signatures on it, vide order EX PF/1. The parcel containing samples was sent to the office of Chemical Examiner for analysis, who vide report, EX PG opined the contents of the seized contraband to be that of opium. On receipt of report of the Chemical Examiner, the accused was challaned and charged under Sec. 18 of the Act.

(3.) To prove its case, the prosecution has examined as many as 8 witnesses viz. PW1 Constable Hardip Singh, who submitted the special report to the concerned officer, PW2 Constable Binder Singh and PW3 Head Constable Tarlochan Singh, formal witnesses whose affidavits are EX PX and EX PX/1, respectively, PW4 ASI Mohan Lal, partly investigated the case, PW5 Lakhwinder Singh, the recovery witness, PW6 Surjit Chand, the Investigating Officer, PW7 Om Parkash, the independent witness joined by the police party and PW8 DSP Gurmail Singh, who was present at the time of search and seizure of the alleged contraband.