LAWS(P&H)-2001-5-59

STATE OF PUNJAB Vs. JASPAL SINGH

Decided On May 08, 2001
STATE OF PUNJAB Appellant
V/S
JASPAL SINGH Respondents

JUDGEMENT

(1.) ]This appeal arises out of the following facts :- At about 12.30 A.M. on April 23, 1987, a police-party headed by DSP Bhushan Kumar Garg and comprising of amongst others, PW-1 HC Balbir Singh and PW-2 ASI Kamaljit Singh, was holding a Nakabandi on the canal bridge within the area of village Ghawaddi when the three accused Jaspal Singh, Jarnail Singh and Jagbir Singh came in a tempo bearing No. PAV-7229, which was being driven by Jaspal Singh. The tempo was stopped on the canal bridge and Jaspal Singh was apprehended, but the two other persons, who were lateron identified as the other two accused ran away from the spot. On a search of the tempo, ten bags of poppy-husk each containing 37 Kgs. were recovered. 250 gms. of poppy-husk was separated from each bag as a sample and the sample was duly sealed with the seal of the DSP bearing inscription 'BKG' and the rest of the poppy-husk was taken into possession. Jaspal Singh disclosed to the police that the two persons, who had run away, were Jarnail Singh and Jagbir Singh and these two persons were subsequently arrested. On the completion of the investigation, all the three accused were charged for an offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act and as they pleaded not guilty, were brought to trial.

(2.) THE prosecution in support of its case, examined PW-1 HC Balbir Singh and PW-2 ASI Kamaljit Singh with regard to the circumstances under which the accused had been apprehended and the poppy-husk recovered and also tendered into evidence the report of the Chemical Examiner (Exh.PF) and the link evidence in the shape of affidavits (Exhs.PG and PH).

(3.) THE trial Court observed that the prosecution had not been able to produce any evidence to involve Jarnail Singh and Jagbir Singh, and the charge against them could not be said to be proved. It was also observed that Jaspal Singh was the owner and driver of the tempo in question and it appeared from the circumstances that he had been un-aware of the contents of the gunny bags and was thus not an accomplice of the two persons, who had run away from the scene. It was also observed that ASI Kamaljit Singh (PW-2), the Investigating Officer had not been empowered to investigate an offence under Section 15 of the Act and through Bhushan Kumar Garg DSP, who was so authorised, had been present but he had taken absolutely no part in the investigation of the case. It was also observed that the seizure had been made within the area of village Ghawaddi and as there was a village abadi on both sides of the canal with many persons available, no attempt had been made to join any independent person as a witness. The trial Court accordingly acquitted Jaspal Singh accused as well.