JARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE police party comprising of Head Constable Balkar Singh and Tarlok Singh and Constables Didar Singh and Sukhdev Singh came across the accused-petitioner on December 7, 1981, who on suspicion was searched by the police party. The personal search of the petitioner led to the recovery of 6 kilograms and 500 grams of opium. A sample of opium was taken therefrom in the normal way and was sent for chemical examination. It was revealed to be opium. On that basis, the petitioner was sent up for trial. The prosecution examined Head Constable Balkar Singh PW-I and Head Constable Tarlok Singh PW-2. To support the recovery it tendered in evidence the report of the Assistant Chemical Examiner Exhibit PD to prove that the substance recovered was opium. Affidavits of other police officials were filed to provide the link evidence.

(2.) THE challenge to the conviction as maintained by the Additional Sessions Judge, Ferozepur, is futile. In the face of evidence of Head Constable Balkar Singh PW-I and Head Constable Tarlok Singh PW-2, it is difficult to dispute the recovery. There is no discrepancy worth the name in their statements. The suggested discrepancy that according to PW-I, the quantity of opium recovered was 6 kilograms and 500 grams, whereas according to PW-2, it was 4 kilograms and 500 grams, is of no substance. Even if one were to ignore the suggestion that the discrepancy has occurred on account of the writing mistake in the preparation of the record, the disability of forgetfulness as to the quantity cannot be ruled out especially when the police officials had to appear in evidence after some lapse of time. Thus the conviction of the petitioner is well based and is hereby affirmed.