JASPAL SINGH, J. - (1.) FEELING dissatisfied against the judgment dated April 19, 2001 passed by the learned Judge, Special Court, Patiala, whereby the respondent -accused was acquitted in case bearing FIR No.19 dated January 24, 1996 registered at Police Station Samana under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the Act"), the State of Punjab has preferred the instant appeal.
(2.) IN nut -shell, the case of the prosecution is that on January 24, 1996, ASI Sanjid Ali accompanied by HC Ajaib Singh and some other police officials was going for checking of the persons having bad character. Bhupinder Singh -Sarpanch met them and he was associated in the police party. When the police party was proceeding towards village Marori and crossed village Dhanetha, respondent - accused/Kartar Singh was seen coming from the side of village Shadipur carrying a plastic bag in his right hand. On seeing the police party, he tried to turn back. On the basis of suspicion, he was apprehended. Suspecting that he was carrying some contraband, ASI Sanjid Ali gave him option whether he intends to be searched before a magistrate or a police gazetted officer. However, he reposed confidence in him. Accordingly, consent memo Ex.PA was put into black and white which was signed by the respondent -accused and attested by HC Labh Singh, HC Ajaib Singh and Sarpanch Bhupinder Singh. Thereafter, ASI Sanjid Ali conducted the search of the bag carried by the respondent -accused which led to the recovery of opium wrapped in a glazed paper. On weighment, it came out to be 4.800 kgs. Two samples of 10 grams each were separated and put into small boxes which were converted into parcels. The remaining opium was put into another tin box. Both the samples and the tin box (Dabba) were sealed by ASI Sanjid Ali with his seal bearing impression 'SA'. Sample seal impression was prepared separately and the seal after use was entrusted to Sarpanch -Bhupinder Singh. Samples as well as recovered opium were taken into possession vide recovery memo Ex.PB witnessed by the aforesaid witnesses. Ruqa Ex.PC was sent by ASI Sanjid Ali to the Police Station on the basis of which, formal FIR Ex.PC/1 was recorded by ASI Gurcharan Singh. The Investigating Officer also prepared rough site plan of the place of recovery Ex.PD with correct marginal notes and recorded the statements of the witnesses. The respondent -accused was also subjected to personal search. Currency notes to the tune of Rs.45/ - were recovered which were taken into possession vide recovery memo Ex.PE signed by the respondent -accused and attested by the witnesses. Respondent -accused was arrested in this case. On return to the police station, the respondent -accused along with the case property was produced by him (ASI Sanjid Ali) before SI Rajwinder Singh who verified the investigation and sealed both the samples, case property and sample seal with his own seal bearing impression "RS". He also directed the ASI to deposit the case property with MHC Mahabir Singh. On recipt of the report of the Chemical Examiner Ex.PH and completion of the investigation, the challan was presented in the Court of learned Jurisdictional Magistrate which was committed to the learned Judge Special Court, Patiala vide order dated July 18, 1996. There being a prima facie evidence appearing in the report under Section 173(2) Cr.P.C as well as the documents annexed with it, the learned Judge, Special Court, Patiala charge -sheeted the respondent -accused to face trial under Section 18 of the Act vide order dated August 7, 1996, to which, he did not plead guilty and claimed trial.
(3.) IN support of its case, the prosecution examined HC Labh Singh/PW -1, ASI Gurdial Singh/PW -2, MHC Mahabir Singh/PW -3, ASI Sanjid Ali/PW -4, Constable Mukhtiar Singh/PW -5 and SI Rajwinder Singh/PW -6. Thereafter, the prosecution closed its evidence after tendering into evidence the report of the chemical examiner Ex.PH.;