JAI BHAGWAN Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 1.2.2000 of the learned Special Judge, Ludhiana, whereby he convicted Jai Bhagwan son of Chuhar Mal under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called as "NDPS Act") and sentenced him to undergo twelve years R.I. and to pay a fine of Rs. 1,00,000/ -. In default of payment of fine to further undergo R.I. for one year.

(2.) THE case of the prosecution is that Gurcharan Singh SI sent a ruqa Ex.PG to the SHO, Police Station Sudhar, in which he stated, that he was going on patrol duty, along with ASI Nidhan Singh, ASI Raminderjit Singh, C. Karam Singh, C.Teja Singh, C. Balwinder Singh and SPO Mela Singh on the bank of canal Tugal. In between the bridge of Kular and the bridge of Tugal, when they were travelling on a Govt. vehicle No. PB -10H - 9974, driven by PHG Harnek Singh and on reaching the canal minor in the area of Village Tugal, they saw a man coming on a scooter from the opposite direction. When he came near, SI Gurcharan Singh asked him to stop. With the help of the police party, the man riding on the scooter was apprehended. He told his name as Jai Bhagwan son of Chuhar Mal, resident of Sherpur Kalan PS Sidhwan Bet. SI Gurcharan Singh asked him, that he wanted to search the plastic bag, which he was carrying on the footrest of the scooteri and if he so desired, a Magistrate or a Gazetted Officer could be called. Jai Bhagwan replied, that a Gazetted Officer be called. A wireless message was sent to Gurmeet Singh Virk, DSP(D), Jagraon to reach the spot. The DPS (D), Jagraon reached the spot. He was in uniform, disclosed his identity and asked Jai Bhagwan as to whether he wanted to be searched by a Magistrate. Jai Bhagwan reposed confidence in the DSP and stated, that he would be satisfied to be searched by the DSP. SI Gurcharan Singh opened the white plastic bag, wherein he found opium wrapped in a glazed paper. Out of the recovered opium, two samples of opium each weighing 10 grams were separated and put into two separate match boxes, which were made into two parcels. The remaining opium after weighing came out to be 11 Kilo 980 grams. It was wrapped in the same glazed paper and put in the plastic bag. Thereafter the plastic bag was put into a tin box, which was converted into a parcel. Two parcels of samples and one parcel of tin box were sealed with seal of SI bearing superscription "GS". Gurmeet Singh Virk, DSP (D), Jagraon also sealed the parcels with his own seal bearing the superscription "GS". Sample of opium and one parcel of tin box were taken into police possession vide memo, which was prepared. Memo was attested by the witnesses. Seal after use was handed over to ASI Nidhan Singh. Scootri (Moped) was taken into possession. Jai Bhagwan committed an offence under Section 18/61/85 of the NDPS Act. On the basis of this ruqa, FIR Ex.PG/1 was registered.

(3.) LEARNED Counsel for the appellant has argued, that Gurmeet Singh DSP(D), who has been mentioned in the FIR Ex.PG/1, is not the same person who appeared in the witness box, as in the witness box it is Gurjit Singh DSP who was appeared. In the FSL Report Ex.PL, it comes out that the sample sent and the report prepared after its analysis, it was not opium. There are glaring discrepancies in the statements of the witnesses, which go to the very root of the case. The distance between Village Tugal and Village Kular from the place of recovery is 2/3 K.Ms. SI Gurcharan Singh PW3, the Investigating Officer did not make any attempt to join independent witnesses. Constable Sewa Singh was sent to get the weighing scale from Village Tugal and also some person from the public, which could be a witness. Constable Sewa Singh has not been examined for the reason best known to the prosecution.