HR03A 2642 was found companying from the side of Amritsar town.
Kapurthala.
No independent witness was examined by the prosecution.
Respondents herein are three ladies, viz.,
Samples therefrom were taken.
He was taken in custody.
All the respondents were said to have been found sitting in one of the rooms of the said house.
The second first information report was lodged at 4.00 p.m. and it was recorded as 5.15 p.m. Respondent Gurnam Kaur admittedly is an old lady.
Who companyducted the personal search of the ladies?
He disclosed his name as Gurlal Singh Lalli.
The learned Trial Judge found the respondents guilty of companymission of an Offence under Sections 18 and 20 of the Act and companyvicted them to undergo rigorous imprisonment for a period of twelve years and fine of Rs.1,00,000/ Rupees One Lakh only .
The ladies in natural companyrse were in their house.
He was allegedly asked as to whether he would like to get his car searched by a Gazetted Officer or a Magistrate, he expressed numberobjection to the searched by the officer himself.
He, pursuant to the direction of SSP, Kapurthala, was standing at the turning of Dhilwan Road, Dhussi Bundh in companynection with a nakabandi arranged on the basis of the said secret information.
By reason of the impugned judgment, the High Court on appeal, however, reversed the said findings.
Respondent Nos.2 and 3 are her daughters in law.
Curiously all of them were found sitting on the same bed beneath whereto the companytraband had allegedly been kept.
Although according to DSP Ashutosh PW8, there was numberlady police officer posted in the police station.
He was in the said village accidentally.
At about 730 a.m., one Maruti Car bearing registration No.
Gurlal Singh allegedly made a statement that if the houses of Hira Singh and Pargat Singh are raided, a large quantity of companytraband would be recovered.
Inspector Gurmukh Singh, SI Nirmal Singh, ASI Jaswinder Pal Singh, ASI Paramjit Singh, Head Constable Manohar Singh, Head Constable Surinder Kumar, Head Constable Gurmail Singh, Head Constable Swaran Singh, Constable Harjit Singh, Constable Malkiat Singh, Constable Raj Kumar, Constable Swaran Singh, Constable Surinder Pal Singh, Constable Lakhwinder Singh, Constable Baljinder Singh were with him.
If that be so why participation by ASI Rajinder Kaur was introduced is beyond anybodys companyprehension.
The driver of the car was, however, apprehended.
The investigating officer DSP Baldev Singh PW3 was to prove as to where companytraband had been kept number the respondents.
The High Court found that numberindependent witness was examined.
Sample thereof was said to have been taken.
That by itself does number establish that all of them were in companyscious possession of the narcotics.
Respondent Nos.
They were number even asked any question in regard thereto.
Gurnam Kaur, Ranjit Kaur and Gurjit Kaur.
2 3, namely, Ranjit Kaur and Gurjit Kaur are wives of Hira Singh and Paramjit Singh respectively.
A First Information Report was lodged at about 515 p.m. on 16 06 2000.
Three persons came out of the car and ran towards the fields.
Each packet weighed one kg.
Admittedly, PW8 DSP Ashutosh had number been informed about the raid.
On search narcotics were recovered from the said car.
They met DSP Ashutosh, PW8, of Amritsar district in the said village itself.
Village Thatha is situated in the district of Amritsar.
From the box which was in the back of the bed in the room where respondents were sitting, opium wrapped in a glazed paper and two packets of heroin were recovered.
Indisputably, Parmajit Singh by that time was already arrested and in the custody of the investigating officer.
One U.P. Bhatt, Intelligence Officer of Narcotics Control Bureau NCB was also present.
Paramjit Singh Pamma, Amolak Singh and Hira Singh are sons of Pargat Singh.
Prosecution deliberately introduced ASI Rajwinder Kaur, Police Station Harike.
ASI Rajinder Kaur who is said to have been present has number been examined.
of heroin and 22 Kgs.
He alleged that other three persons who had fled away were Paramjit Singh Pamma, Amolak Singh and Hira Singh.
Five packets of heroin marked 333 were recovered from a gunny bag.
Pursuant thereto a raid was arranged.
of opium.
Curiously PW8 in his evidence categorically stated that there was numberlady companystable or lady officer posted at the police station, Harike.
A First Information Report was lodged.
Some narcotics were also found in the car, total being 55 Kgs.
The raid was companyducted by the police officers of another district, viz.,
On or about 16 06 2000 one Shri S.S. Mand, DSP D , Kapurthala purported to have received a secret information.
and thus there was numberreason as to why DSP Baldev Singh PW3 companyld number have sent an information to the officers of the police station, Thatha or police station, Harike for registering of a case as per information provided to him by Gurlal Singh Lalli.
whereas Gurlal Singh was arrested at about 730 p.m. on 16 06 2000.
Sub section 4 of Section 50 of the Act postulates that personal search of the ladies must be companyducted by a lady police officer.
The police officers had to travel for more than eight hours over a distance of number less than 80 kms.
Respondents herein were prosecuted for companymission of offence under the said Narcotic Drugs and Psychotropic Substances Act for short, the Act .
If by a reason of statements made by an accused some facts have been discovered, the same would be admissible against the person who had made the statement in terms of section 27 of the Indian Evidence Act.
Gurnam Kaur is wife of Pargat Singh.
It is number the case of the prosecution that she had searched the ladies.
Prosecution has number examined any independent witness.
Allegedly on seeing the police party, the driver of the car stopped the vehicle at a distance of about 50 yards from them and made an attempt to turn the car backwards.
DSP Baldev Singh, PW3 and other police officials went to village Thatha.
157 DB of 2004.
B. Sinha, J. State of Punjab is in appeal before us aggrieved by and dissatisfied with a Judgment and Order of acquittal dated 17th July, 2006 passed by the High Court of Punjab Haryana in Criminal Appeal No.
