PAVITTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner-Pavitar Singh has challenged the impugned order dated 20-2-1998 whereby the learned Additional Sessions Judge, Ludhiana, has summoned him as an accused exercising power under S. 193 read with S. 319 of the Code of Criminal Procedure (in short the 'Code').

(2.) Brief facts of the case are that on 10-7-1997 at about 12.10 p.m. at Chowk Aggar Nagar, Ludhiana, Sub-Inspector Gurmukh Singh of Police Station Sarabha Nagar, Ludhiana, received secret information that Pavitar Singh, who runs a workshop opposite to the P.A.U. Gate No. 2, has brought opium in his white Maruti Car No. CHB-8484, which is lying parked in the workshop. On the basis of the said secret information, ruqa was sent and the First Information Report No. 109 dated 10-7-1996 was registered, Gurdial Singh, Deputy Superintendent of Police, Police Station Sarabha Nagar, was sent a message to reach the spot. Sub-Inspector Gurmukh Singh recovered 1 kilogram opium from the said Maruti Car No. CHB-8484, which was duly sealed after preparing two samples of 10 grams each. Samples were sent to the Chemical Examiner, Patiala, who opined that the contraband was opium. One Dilbagh Singh was also apprehended along with accused Pavitar Singh, who was declared Proclaimed Offender by the Judicial Magistrate I Class, Ludhiana.

(3.) During investigation, Pavitar Singh gave information to the police that Dalbag Singh son of Jagir Singh, resident of village Manuke, Police Station Jagraon, is his friend and resides in a foreign country. Whenever he comes to India, he demands one car from him (Pavitar Singh) for his use. His Contessa Car is new kept by Dalbagh Singh for his use. On 9-7-1996 Dalbag Singh along with Assistant Sub-Inspector Jasbir Singh of Police Station Jagraon along with their Gunman and one Iqbal Singh came to Pavitar Singh in Maruti Van No. MH-051-7403. Iqbal Singh and the Gunman sat in his workshop, while Dalbag Singh and Jasbir Singh, Assistant Sub-Inspector took his (Pavitar Singh's) Maruti Car No. CHB-8484 from which opium was recovered later on. They brought back his Maruti Car in the workshop after about 21/2 hours. Iqbal Singh and Dalbag Singh went back in Maruti Van. Pavitar Singh's employee took Jasbir Singh, Assistant Sub-Inspector and his gunman to Jagraon. Thus, Pavitar Singh made a statement that this opium was planted in his Maruti Car No. CHB-8484 by Assistant Sub-Inspector Jasbir Singh and Dalbag Singh in connivance with each other. Pavitar Singh has taken the site underneath the workshop on rent from Harbhajan Kaur, sister of Dalbag Singh. Dalbag Singh wants to get the site vacated. Pavitar Singh has obtained stay order from the Court. An application was submitted by the relations of Pavitar Singh before the Senior Superintendent of Police, Ludhiana alleging that Pavitar Singh has been falsely implicated in this case.