JABRA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the conviction and sentence imposed by the learned ASJ Sangrur in Sessions Case No. 7 dated 17.1.1989 for the offence under section 18 of the NDPS Act (hereinafter referred to as the Act).

(2.) ACCORDING to the case of the prosecution 6 kgs of opium was recovered from the possession of the accused on 15.8.88 at about 4-15 pm within the revenue limits of village Gandasinghwala in the presence of DSP Swaran Singh, ASI Gurbachan Singh and Mal Singh and in pursuance of the statement made by the accused he is guilty of the offence under section 18 of the Act. After the case was committed charge under section 18 of the Act was framed against the accused to which he pleaded not guilty. In order to prove the guilt of the accused the prosecution examined 2 witnesses. On a consideration of the evidence on record the learned ASJ convicted the accused for the offence under section 18 of the Act and sentenced him to undergo RI for a period of 10 years and a fine of Rs. 1 lac. Hence this appeal. PW-1 deposed that on 15.8.88 when he was posted as DSP Malerkotla, he was checking nakas while patrolling. When he reached the chowk he met SI and ASI and other police officials and thereafter all of them reached near the train in the area of village. Then one informant met ASI who informed him that the accused Jabra Singh was having opium in his house and if a raid is conducted the opium could be recovered. Then they went towards village Gandasinghwala. When they reached the country wine shop one Mohinder Singh was joined in the raiding party. When the police conducted the raid the accused was found in the courtyard of his house. On interrogation by SI the accused disclosed that he had kept the opium in a turi in his house. His statement was recorded and thereafter opium was recovered in accordance with the disclosure statement and it was found wrapped in glazed paper placed in the gunny bag and its weight was 6 kgs. PW-2 is the SI who also deposed to the same facts as stated by PW- 1. The accused in his statement under section 313 Cr.P.C. stated that the case is a false case and he was taken by the police in the presence of the members of the Panchayat to the police station on the pretext that he was being summoned by the SHO. Thereafter the case was foisted against him. DW-3 who has been examined by the accused stated that the accused was taken by the HC and two constables to the police station. DW-4 also deposed that the accused was taken by the police. DW-5 also stated the same thing.

(3.) I , accordingly, allow the appeal and set aside the conviction and sentence imposed on the accused by the learned ASJ Sangrur and the accused is acquitted of the charge framed against him. The bail bonds shall stand cancelled. Appeal allowed.