DALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant-Dalbir Singh, faced charge under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as N.D.P.S. Act) before the Additional Sessions Judge, Ludhiana. in Sessions Case No. 17 of 21.3.1994. According to the prosecution on 4.9.1993 Sub Inspector Bhupinder Singh of Police Station City Khanna, along with the other police officials as also an independent witness Nirbhai Singh was present at, 'T' point near the cremation ground, Khanna, on routine patrolling. At about 4-45 p.m. accused-appellant-Dalbir Singh came on a moped and tried to slip away on seeing the police party. He was apprehended on suspicion and was informed that if he desired, he can be searched before a big officer. But since the accused/appellant reposed confidence in the police party he offered himself to be searched by the said Sub Inspector. On a personal search of the accused/appellant 750 grams of opium wrapped up in a glazed paper and tied to the waist of the accused with a cloth was seized, 20 grams of the same was taken as sample. After receipt of the chemical examiner's report the charge-sheet was filed.

(2.) DURING the trial, before the learned Additional Sessions Judge Sub Inspector-Bhupinder Singh was examined as PW-2 while Bant Singh (Head Constable at the time of the occurence) was examined as PW-1. The necessary link evidence was also produced in the form of affidavits of PW-3 and PW-4. PW-5 was the Inspector of Police, who was the Station House Officer of the concerned station, before whom the case property and the accused were produced. The report of the Chemical Examiner was also produced as evidence. The accused/appellant denied the prosecution case and alleged that he was taken from his house on 1.9.1993 in the presence of Nirbhai Singh and Harcharan Singh, illegally detained in the Police Station for 3/4 days and then the opium was planted on him. He examined Nirhbai Singh as DW-1, who supported the defence version.

(3.) THE accused has, therefore, preferred this appeal.