KULWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HERE is a case which has not been properly investigated. It will not be wrong if I say that it is as polled case either by the investigating officer or somebody else. No doubt, that the concern of the law is always to apprehend the culprits but before recording conviction and sentencing a culprit, the parameter and proof are always to be complied with by the prosecution. The subsequent discussion would show that how the investi - gating officer in this case, A.S.I. Angrej Singh, who was then incharge of Police Post Sarai Amant Khan, Police Station Gharinda, took the entire investigation very lightly.

(2.) THE present is a criminal appeal filed by Kulwant Singh against whom the allegations were that on 8th May, 1989 in the area of village Manakpura he was found in possession of 23 Kg. of opium without any licence or permit. The case set up by the prosecution is that on the day of recovery, the investigating officer A.S.I. Angrej Singh alongwith A.S.I. Lakhbir Singh PW -2. Head Constable Bhagwan Dass and other police officials were present at the 'T' point in the area of village Manakpura when A.S.I. Received a secret information against the appellant that the later was carrying opium and was going to Lohian to Gehri. He organised a 'naka' in the area of Lohian and at about 5.15 A.M. the appellant came from the side of village Gehri via road. On seeing the police party, he became nervous and tried to retreat. On the basis of suspicion, the appellant was apprehended by A.S.I. Angrej Singh. The A.S.I. asked the appellant whether he wanted to give search in the presence of a gazetted officer or a Magistrate but the appellant gave his consent and reposed confidence in the A.S.I. who took the search of the person of the appellant and opium was found in a gunny bag which was . carried by the appellant on the career of a bicycle. The A.S.I. separated 10 grams of opium by way sample and made a sealed parcel. The remaining opium was separately weighted and it came to 22 kg and 990 grams. In this manner the opium weighing 23 kg was recovered from the possession of the appellant. The opium along with bicycle were taken into possession vide memo Ex.PA attested by Head Constables Lakhbir Singh and Bhagwan Dass. Surjan Singh was joined before the recovery of the opium from the appellant. It is the case of the prosecution that seal after use was entrused to Head Constable Lakhbir Singh. From the personal search of the accused a sum of Rs. 250/ - was recovered and this currency was also taken into possession vide memo Ex.PB. The accused could not produce permit or licence for the possession of the opium. Resultantly, ruqa Ex.P.C. was sent to the Police Station for the registration of a case, on the basis of the formal FIR Ex. PC/1 was recorded. The A.S.I. recorded the statements of the witnesses. He also prepared rough site plan of the place of recovery and on return the case property was produced before S.H.O. Shri Pritam Chand which produced by him bearing the inscription of PC. The case property deposited with the M.H.C. with seals intact. The sample of the opium as sent to the office of the Chemical Examiner who vide his report tared the contents as opium. It may be mentioned that during the course argument, I have not been able to locate the report of the Chemical Examiner. On the completion of investigation of the case, the appellant was challaned in the Court of Chief Judicial Magistrate, Amritsar, who supplied copies of the documents to the appellant and vide commitment ordered 14.12.1989 committed the appellant to the Court of Sessions. The trial Court i.e. the court of Additional Sessions Judge, Amritsar, vide order dated 04 -01 -1990 framed a charge under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985. It was read over the explained to the accused, who pleaded not guilty and claimed trial.

(3.) IN order to prove the charge against the appellant, the prosecution examined Head Constable Mohinder Singh as PW -1. This witness gave the statement by way of affidavit Ex.PW/1. A.S.I. Lakhbir Singh is the witness of recovery. He appeared as PW -2. A.S.I. Angrej Singh appeared as PW -3 and Inspector Pritam Chand, before whom the case property was produced is PW -4. The statement of Mulkh Raj who was then M.H.C., was tendered in the form of affidavit Ex.PE. Finally, the report of the Chemical Examiner was tendered and the prosecution closed the evidence on behalf of the prosecution.