STATE OF PUNJAB Vs. DHARAMPAL SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 7.5.1997, rendered by the Court of Sessions Judge, Faridkot, vide which it acquitted both the accused (now respondents), for the offence, punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to be as the 'Act').

(2.) ON 4.6.1994, Jagmohan Singh, Inspector, Station House Officer, Police Station, Mehna, along with ASI Ranjit Singh, and other police officials, was holding a picket, near the passage, leading to the Colonies from Ajitwal in the area of Ajitwal. A Maruti Car of white colour bearing No. PID 6096, was seen coming from the side of village Kokri Kalan, via unmetaled path (kacha path) and when the same reached near Jagmohan Singh, he gave a signal to stop the same, as a result whereof, it was stopped. Dharmpal Singh, accused, was driving the car while Major Singh, accused, was sitting by his side, on the front seat. Joginder Singh, Inspector, told them that search of the Car, was to be conducted, and whether they wanted the search to be conducted before a Magistrate, or a Gazetted Police Officer. Both the accused, stated that they wanted to be searched by a Gazetted Police Officer. Thereafter, Jagmohan Singh, Inspector, gave a wireless message, as a result whereof Sh. Narinderpal Singh Superintendent of Police, posted at Moga, along with security men, reached the place aforesaid. An attempt was made to join a person, from the public, but none was available. Thereafter, the search of the Car was conducted by Jagmohan Singh, Inspector, in the presence of Narinder Pal Singh, Superintendent of Police. The search of the dicky of the Car resulted into recovery of a gunny bag, containing opium, wrapped in a glazed paper. 100 grams of opium, was taken out as sample. The remaining opium was weighed, which came to be 64 Kgs. 900 grams. Separate parcel of the sample was prepared. The remaining opium was put into four plastic tins of the size of 15 Kgs. each and one tin of the size of 5 kilograms. All the tins were converted into parcels, sealed with the seals of Jagmohan Singh bearing impression 'JS' and of Narinder Pal Singh bearing impression 'NPS'. The specimens of the seals were prepared, and the seals after use were handed over to ASI Ranjit Singh. Sample parcel, parcels of plastic tins gunny bag and glazed paper, were taken into possession, vide memo PB, attested by the witnesses. On personal search of Dharmpal Singh, accused, currency notes of Rs. 765/- were recovered, which were taken vide memo PE, attested by the witnesses. On personal search of Major Singh, accused, currency notes of Rs. 492/- were recovered which were taken into possession vide memo PF, attested by the witnesses. The registration certificate of the aforesaid Car, which was in the name of Parminder Singh s/o Kartar Singh, brother of Dharmpal Singh, accused was also taken into possession vide memo Ex. PC, attested by the witnesses. The accused were arrested vide memo Ex. PD. Site plan Ex.PG of the place of recovery was prepared. The accused could not produce any licence, for the possession of opium. Writing Ex. PH (ruqa) was sent to the Police Station, on the basis whereof, FIR Ex.PH/1, was registered. Thereafter, the police party reached the Police Station. On the next day, the case property was produced through Des Raj, Sub Inspector, before the Ilaqa Magistrate. Thereafter, the case property was deposited with the Assistant Moharrir Head Constable, Police Station, Mehna. The sample was sent to the Chemical Examiner, who found the contents thereof, to be opium. After the completion of investigation, both the accused were challaned, for the offence punishable under Section 18 of the Act ibid.

(3.) THE statements of the accused, under Section 313 of the Code of Criminal Procedure, were recorded. They were put all incriminating circumstances, appearing against them, in the prosecution evidence. They pleaded false implication.