STATE OF PUNJAB Vs. PYARE LAL

JUDGEMENT

(1.) The State is aggrieved by acquittal of the respondent of the charge under Sec. 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "the Act").

(2.) Case of the prosecution is that SI Massa Singh (PW -3) was on patrol duty along with other members of the police party on 22.11.1994. The police party was going from Jadla to Sanawa by the canal path on cycles. When they reached near sugarcane field of Jagdish Singh, Lamberdar, in the area of Jadla, the accused was seen sitting on gunny bags. He tried to slip away. He was asked to stop and was inquired about the contents of the bags. On checking, bags were found to be containing poppy husk. He took sample of 250 gms. from each of the bags and made them into parcels. In all, there were ten bags weighing 39 kgs. 750 gms. each after taking out the sample. The bags were separately sealed. Sample impression of seals was prepared. The same was handed over to HC Shangara Singh. Sample parcels and the gunny bags were taken into possession and a writing (Ex.PD) was sent to the Police Station, Nawanshahr, on the basis of which, FIR was recorded by ASI Baldev Singh. Rough site plan was prepared and accused was arrested. SI Massa Singh (PW3) was himself the incharge of the police post and was the Additional SHO of Police Station, Nawanshahr. He deposited the case property with seals intact with MHC Bhupinder Singh. As per report of Chemical Examiner (Ex.PF), the samples were found to be containing poppy husk. After completion of investigation, the accused was sent up for trial.

(3.) The prosecution examined PW -3 SI Massa Singh and PW -4 HC Shangara Singh who proved the recovery. The contraband bags were produced before the Court. Affidavits of Bhupinder Singh, MHC (Ex.PA) and affidavit of Constable Gian Singh (Ex.PB) were also filed. MHC Bhupinder Singh stated that case property was deposited with him on 22.11.1994 and was not tampered with. He sent the samples to the office of Chemical Examiner through Constable Gian Singh and the samples were not tampered with. They were in his custody. Constable Gian Singh in his affidavit stated that he took the samples from MHC Bhupinder Singh and delivered the same in the office of Chemical Examiner and the same were not tampered with. As per report (Ex.PF), samples were received intact and in good condition and the contents thereof were poppy heads. As per statement made by the accused on 24.5.1995, he did not have any objection to affidavits PA and PB being admitted into evidence and he did not wish to cross -examine the deponents of the affidavits. The affidavits were ordered to be read in evidence as PW -1 and PW -2.