STATE OF PUNJAB Vs. SURJIT SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 30.11.1998 rendered by the Court of learned Special Judge, Patiala whereby he acquitted the accused of the charge under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as 'the Act'). Feeling aggrieved with the same, the State has come up in appeal.

(2.) THE facts in brief of the prosecution case are that on 20th August, 1997, a police party headed by Inspector Rachhpal Singh, Incharge C.I.A. Staff, Patiala happened to be present at the bus-stand of Village Rajgarh on the Patiala-Sangrur road in connection with checking of suspects and bad characters. He received secret information to the effect that the accused indulged in trafficking in opium and that he would be transporting opium from Samana to Patiala in white Maruti car bearing registration No. PB-10F-9002. This information was embodied in ruqa Ex.PM, which was sent to the Police Station Sadar, Patiala where on its basis formal F.I.R. was recorded. Soon thereafter, the abovementioned Inspector sent a message through wireless set to Narjinder Singh PW7. The police party then proceeded to that point on the Patiala-Samana road from which a road forks off to village Bhanra for setting up a Naka. When they were on their way, Resham Singh a public man met the Inspector/Investigating Officer. He was co-opted. The police party reached the T.Point at which Narjinder Singh DSP came. Around 6.10 P.M. the aforesaid car came from Samana side being driven by the accused. There was no other occupant in the car. The same was stopped. On inquiry, the accused disclosed his name and address. The Inspector told the accused that he suspected that there was opium in the car and that he intended to search the same. He was also asked to tell whether he wanted to be searched in the presence of a Gazetted Officer or a Magistrate. He offered to be searched in the presence of a Gazetted Officer. The Inspector told the accused that Narjinder Singh DSP,who was present at the spot was a Gazetted Officer. Thereafter, the accused showed his willingness to be searched in the presence of said DSP. The consent statement of the accused Ex.PG was recorded. It was thumb marked by the accused and attested by aforesaid Resham Singh and others. On search of the car, a plastic bag containing 4 kgs. and 20 grams of opium duly wrapped in a glazed paper was recovered from beneath the driver's seat of the car. Two samples of 10 grams each, out of the bulk were drawn. The same were converted into a sealed parcel. The remaining opium was also turned into a sealed parcel and were seized vide Ex.PH alongwith specimen seal impressions. The seals after use were handed over to Resham Singh. The car alongwith its papers was taken into possession vide Ex.PJ. From further personal search of the accused, currency notes worth Rs. 320/- were recovered, which were also seized vide memo Ex.PK, thumb marked by the accused and attested by the witnesses. The grounds of arrest Ex.PL were supplied to the accused by the Investigator, who prepared the rough site plan Ex.PN showing the place of recovery. On the next day, the sealed parcels and the specimen seal impressions were produced by ASI Dharam Dev before the learned Ilaqa Magistrate vide application Ex.PQ, on which the learned Magistrate passed order Ex.PQ/1 after seeing and initialing the case property. The Chemical Examiner vide his report Ex.PO gave the opinion that the contents of the samples were found to be of opium. After completion of the investigation, challan was laid in the Court.

(3.) IN order to substantiate its allegations, the prosecution examined nine witnesses. On close of the prosecution evidence, the accused was examined under Section 313 Cr.P.C. He denied all the allegations appearing in the prosecution evidence against him. He has come up with a plea that Station House Officer, Police Station Sadar, Patiala was interfering in the land dispute between him and the residents of his village. He (accused) filed a complaint against the SHO to the Director General of Police and others. He (accused) was detained in Police Station Sadar, Patiala since 16th August, 1995 and was falsely implicated in this case at the instance of the aforesaid SHO and that he has no connection with the car in question. After having examined DW Dev Nath of his village, he closed his defence evidence.