BALJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal arises out of the following facts : On 16.9.1993 Inspector Jaswinder Singh (PW -1) accompanied by ASI Sucha Singh (PW -2), HC Iqbal Singh and constables Jarnail Singh, Nachhattar Singh, Sukhwinder Singh, had gone for patrolling towards village Rattangarh Badali in a police Gypsy. When they were returning from the village to Morinda and were near village Datarpur on the Morinda Chuni road, a police party headed by DSP -Jaspal Singh (PW -3) met them. Both the police parties decided to hold a nakabandi for apprehending anti -social elements. At about 6.00 AM the checking party found a Maruti car without a number plate coming from the Chuni side at high speed. Inspector Jaswinder Singh then gave a signal to the driver of the car to stop and the driver applied the brakes and stopped the car at a distance of 10 -15 karms from the police party. Accused - Baljinder Singh was driving the car whereas Hans Raj accused was sitting beside him. A third person later on identified as Jagan Nath accused, who was sitting on the rear seat of the car, opened the right side door and escaped into the sugercane fields on the road -side. The proceedings were then supervised by DSP -Jaspal Singh, who noticed that eight parcels covered with rexine were lying between the front and the rear seat of the car whereas five similar parcels were lying on the front seat along side Hans Raj accused. All the thirteen parcels were opened and were found to contain opium. After samples had been taken, the opium was weighed and was found to be 62 kgs. and 200 grams in all. On a personal search of Baljinder Singh accused, Rs. 60/ - along with a driving licence and a wrist watch were recovered and these were taken into possession. The personal search of Hans Raj accused also yielded some items and they were taken into possession. The accused along with the case property were brought to the police station and while the accused were arrested the case property was deposited in the Malkhana. Accused Jagan Nath had in the meanwhile obtained anticipatory bail from the High Court but he was arrested on 19.11.1993 and admitted to bail accordingly. His personal search was also made at the time of his arrest and an insurance chit Ex.P1 and a registration chit Ex. PJ pertaining to the car in question was also recovered. The parcel containing the samples of the opium were sent for analysis and the Chemical Examiner in his report Ex. PN declared the contents of the same to be opium. On.the completion of the investigation, a challan was presented against all the three accused and they were charged for an offence punishable under Section 18 of the Narcotic Drugs and Pyschotropic Substances Act, 1985 (herein referred to as the Act).

(2.) IN order to prove its case the prosecution examined Jaswinder Singh Inspector (PW -1), ASI Sucha Singh (PW -2) and DSP (SP -Jaspal Singh) PW -3 admittedly the members of the raiding party and also tendered into evidence the affidavits of various other police officials. The link evidence constituting the prosecution case was also produced along with the report Ex. PN of the Forensic Science Laboratory.

(3.) THE prosecution case was then put to the accused under Section 313 Cr.P.C. and they denied the allegations levelled against them.