The police officials stopped their vehicle, got down and over powered Leela as well as Pritam Singh Billu.
The accused were informed of the grounds of their arrest vide memo signed by Assistant Sub Inspector Mohinder Singh PW.4 and Joga Singh.
South of Police Station, Sadar, Patiala.
The accused examined A.S.I. Devinder Singh DW.1 , Joga Singh DW.2 .
Fourteen sample parcels and the seven bags of poppy husk were sealed.
The patrol party was present at the bridge on a drain about 20 kms.
Since Leela and Pritam Singh Billu had companymitted an offence punishable under Section 15 of the NDPS Act report was sent to Police Station, Sadar, Patiala at 9.30 a.m. and on its basis formal F.I.R. was registered at the Police Station at 10.40 a.m. on February 20, 1999.
Prosecution examined the DSP Kulshinder Singh PW.1 , C. Faquir Chand PW 2 , MHC Sahib Singh PW.3 , ASI Mohinder Singh PW.4 and SI Ajmer Singh PW.5 and Gurchain Singh PW.6 , SHO, Patiala police station.
Report of the case was received by Additional Chief Judicial Magistrate at 5.35 p.m. on the same day.
In the presence of the witnesses and the D.S.P., the Investigator checked the seven bags which were lying on the ground and from each bag poppy husk was recovered.
After companypletion of the investigation the accused were sent up for trial.
5 In support of the appeal, learned companynsel submitted that the fact that numberindependent witness was examined on account of that one Joga Singh who was called to be a witness of the recovery was number available and was number examined.
It was found that two bags were torn and so far as the other five bags are companycerned the seals were smudged.
Cash was also taken into possession.
Be that as it may, efforts were made to procure Pritam Singhs presence by the Court but without success.
Additionally, the seized articles in questions were put by the Deputy Superintendent of Police PW 1 who was higher in rank to the officer who was the SHO at the relevant point of time.
In any event as numbered in the High Courts judgment the SHO was one Gurchain Singh who is stated in the High Court judgment as DSP.
At 7 a.m. secret information was received by Sub Inspector Ajmer Singh that 2 Leela and his companyaccused Pritam Singh Billu proclaimed offender were habitually selling poppy husk and in case a raid was companyducted they companyld both the apprehended red handed from near the bridge over the drain in Bhanri.
On the personal search of the accused some cash was recovered, Rs.65/ from Leela and Rs.95/ from Pritam Singh Billu.
The record is unclear regarding the date of his release and the order on the basis of which he was released.
Allegation against the accused was that he was found to be in possession of poppy husk weighing a large quantity in seven bags.
The prosecution version in a nut shell is as follows On February 20, 1999 Sub Inspector Ajmer Singh PW.5 , along with other police officials, was on patrol duty in police vehicle PB 11A 7849 driven by Sarmukh Singh.
The Investigator recorded their companysent statements and the accused put their signatures on the statements.
of poppy husk.
Two samples of 250 grams each of the companytraband article were taken out from the bags and put in separate parcels.
The accused opted for search before a Gazetted Officer.
The trial Court came to the companyclusion that the accused was believed to be in possession of seven bags of companytraband therefore he was companyvicted and sentenced to undergo 11 years R.I. and to pay a fine of Rs.1,00,000.
The bags were numbered 1 to 7.
In appeal two stands were basically taken.
At that time Joga Singh had also reached at the spot.
There is numberlegal bar on companyviction being recorded solely on the evidence of the witnesses.
The seal after 3 use was handed over to Assistant Sub Inspector Mohinder Singh PW.4 .
The High Court accepted the stand of the accused and directed acquittal.
The Investigator told the accused that he wished to search the bags and that search companyld be companyducted in the presence of a Gazetted Officer or a Magistrate.
The Investigator proceeded to the spot and also informed D.S.P. Kulshinder Singh PW.1 on the wireless.
On return to the police station, case property and the accused were produced before S.H.O. Gurchain Singh PW.6 who verified the facts and directed the Investigator to deposit the case property with the M.H.C. On the following day the accused as well as the case property were produced before the Area Magistrate.
Consequently, Pritam Singh Billu was declared a proclaimed offender by the learned Special Judge on September 1, 2001.
In the meanwhile, S.P. Kulshinder Singh PW.1 also reached the spot in a police Gypsy.
In the meanwhile, the Investigator arrested the accused and took into possession the case property.
The accused denied various items of prosecution evidence which appeared against them and pleaded false implication.
The remaining poppy husk was weighed and each was found to have companytained 34.5 kgs.
Inderjit Kaushik, Patiala, for offence punishable under Sec.15 of the Narcotic Drugs and Psychotic Substances Act, 1985 in short NDPS Act .
Dr. ARIJIT PASAYAT,J. Challenge in this appeal is to the judgment of a Division bench of Punjab and Haryana High Court directing acquittal of the respondent who was companyvicted by learned Special Judge Sh.
Site plan of the place of the occurrence was prepared.
When the police officials reached the bridge on the drain, they saw two persons sitting on bags, who on seeing them tried to run away.
The sample of the recovered companytraband was examined by the Chemical Examiner who reported that the sample was of poppy husk.
At some stage Pritam Singh was released on bail and he 4 jumped bail.
