- (1.) This appeal by way of special leave arises out Of the following facts: 1.1 On the 28th of April, 2004 Sub-Inspector Jaspal Singh P.W.3, along with other police officers was on patrol duty in the area of village Kot Mohammad Khan on the Kutcha path leading from village Lohgarh when they noticed the appellant sitting on the roadside of the canal minor on three gunny bags. A scooter was parked nearby.The appellant was apprehended on suspicion and after Sub Inspector Jaspal Singh had disclosed his identity he inquired from the appellant as to whether he would like to be searched in the presence of a Magistrate or a Gazetted Officer. The appellant stated that he would be satisfied if the search was conducted by a Gazetted Officer on which P.W. 5, Bhulla singh Deputy Superintendent of Police, Moga, was summoned to the spot. The gunny bags were thereafter searched and each of the bags was found to contain 34.750 kgs of poppy straw.A sample was drawn from each of the bags and the samples and bags were sealed.The seized articles and other related material was deposited in the Malkhana at 1:00p.m.the same day. 1.2 On the completion of the investigation,the appellant was brought to trial for an offence punishable under Section 15C read with Section 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985. He pleaded innocence and claimed trial.The trialcourt relying on the evidence of P.W.3 Sub Inspector Jaspal Singh , PW 4 Sub Inspector Kirpal Singh who was also a member of the police party, and P.W. 5 DSP Bhulla Singh, held that the case against the appellant had been proved beyond doubt and as the seizure made from him amounted to commercial quantity, the minimum sentence provided under the Act was imposed on him. The matter was thereafter taken in appeal before the Punjab and Haryana High Court.The High Court has,ona reconsideration of the evidence, confirmed the order of the trial judge.Before the trial court as also before the High Court several pleas had been taken they being:(1) no independent witness had been joined at the time of the search and seizure; (2) that the samples had been sent to the laboratory for analysis about four days after the seizure and that the report of the CFSL was, therefore, suspect as the possibility of the tampering with the samples could not be ruled out; and (3) that the entire incident was the outcome of the mala fides on the part of Sub Inspector Jaspal Singh against whom the mother of the appellant had lodged a complaint before senior officers.All the pleas were discussed by the trial court and the High Court with a finding against the appellant.
(2.) Even today, the learned counsel for the appellant has raised similar pleas.He has pointed out that no independent witness had been joined at the time of the incident and that Sub Inspector Jaspal Singh, P.W.3, bore animosity against the family of the appellant as the appellant's mother had lodged a complaint against him, and as the samples had been sent late to the laboratory it was clear that their sanctity had been compromised with the result that the report of the laboratory was also under suspicion.
(3.) The learned counsel for the State has, however, controverted the pleas and urged that categorical finding had been record don all aspects and interference at this stage was not called for.;