- (1.) On 6.12.1990, Inspector Mandip Singh. PW- 4 along with other police officials was on patrol duty. When the police party reached near the defence drain within the area of village Cheema Khurd, a person who divulged his name as Ram Singh was found coming from the opposite side on the road on foot. On seeing the police party he got preplexed and tried to slip away. On suspicion he was apprehended. He was asked as to whether he wanted to be produced before a gazetted officer or any senior officer for the purpose of his search but he did not want it. Inspector Mandip Singh PW- 4 conducted search whereupon opium weighing 3 kgs. Was recovered from a grey colour brief case which he was holding in his right arm in the presence of ASI Gurdev Singh and HC Kashmir Singh PW- 2. 100 grams of opium was taken out as sample. Both the sample and the remaining opium were separately sealed and taken into possession vide memo Ex. PB. The seal after use was handed over to ASI Gurdev Singh. On further search a sum of Rs. 3000/- was recovered which were taken into possession vide memo Ex. PC. Ruqa Ex. PE was sent to the police station, Gharinda, district Amritsar and on its basis formal F.I.R. Ex. PE/1 was recorded. The Inspector arrested the accused and recorded the statements of the prosecution witness. He also prepared rough site plan Ex. PF of the place of recovery with correct marginal notes.
(2.) The sample was sent to the Chemical Examiner, who vide report Ex. PG reported that the contents of the sample were that of opium. The accused was tried under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 by the learned Additional Sessions Judge, Amritsar and was acquitted of the charge framed against him. Hence this appeal by the State of Punjab. In this appeal against acquittal, the learned Deputy Advocate General, appearing for the State, has stressed that the testimony of the police officials i.e. Inspector Mandip Singh PW- 4, and HC Kashmir Singh PW- 2 cannot be discredited and there has been miscarriage of justice in the acquittal of the accused and submitted that since the recovery was of heavy quantity of opium, the same could not have been planted on the accused.
(3.) We have gone through the testimony of HC Kashmir Singh PW- 2. He claimed that the police party was going for a patrolling and it was in that event that the accused suddenly appeared on the scene and on seeing the police party he tried to retrace but was captured. Inspector Mandip Singh PW- 4 who was heading the police party obviously deposed in favour of his case. However, the entire investigation is shown of details as to where from the weighing scales were brought. There was no specific purpose for which the police party was present on the spot. They did not mention as to when did they arrive on the scene and whether there was any departure report for such a site entered in the daily diary of the police station where from they had started. They even did not produce any driver of their vehicle or any important officer of the police department who may be senior to these persons to vouch safe the correctness of the allegations. Concededly they did not join any independent person. Even the mandatory provisions of the Act have not been complied with. The accused in his statement under Section 313 of the Code of Criminal Procedure claimed that he had complained against some police officials to Director General of Police and they were up to implicate him in a false case. Sarbjit Singh DW1 also stated that in fact the accused was the Sarpanch of the village and he made complaints against the police officials for their corruption and, therefore, he was made victim of the circumstances.;