9911796707
TMI Blog2014 (2) TMI 1195X X X X Extracts X X X X X X X X Extracts X X X X ..... deterrent type of punishment for person found in possession of narcotic it is required that case be investigated by complying all required legal formalities – Manner in which search for contraband and recover was conducted reflects that only formality was completed by police without having any real intention of giving option to appellant for his search before gazetted officer or Magistrate – Non-joining of independent witness is not such circumstance which render official witnesses totally unreliable – Case of prosecution suffers from lapses, entire process of recovery from appellant; joining of independent witness; calling of gazetted officer at spot; non-production of case property before SHO of police station reflect casual manner in wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ficer or a Magistrate. Vide statement Ex. PD, appellant opted for his search to be conducted in presence of some gazetted officer. Message was given to Pritpal Singh Thind, DSP, Samana, who rushed to the spot. Garja Singh, Sarpanch village Siyal Kalan, met the police party and he was also joined in the police party. On arrival of Pritpal Singh Thind, DSP at the spot two bags (Khurjies) hanged on both sides of the mare were found containing poppy husk. The appellant failed to produce any permit or licence for the same. Sample of 250 gms was separated from poppy husk of each 'Khurji' and sealed with a seal of Pritpal Singh, DSP, bearing impression PPS and the seal after use was given to DSP, Pritpal Singh. The case property was taken ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be conducted before a gazetted officer but no gazetted officer was called to the spot despite the option given by the appellant. There is non-compliance of the provisions of Section 50 of the Act. Presence of Garja Singh, independent witness, at the spot is doubtful. He has not been examined. As per the Investigating Officer, Garja Singh was joined before DSP reached the spot and was not present when the statement of appellant giving him option of his search to be conducted before a gazetted officer or Magistrate, but the memo to this effect Ex. PD prepared by the police bears the signatures of Sarpanch Garja Singh. The Investigating Officer did not produce the case property before the SHO, Police Station Samana. No evidence of production ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or his search before Pritpal Singh, who was holding the ad hoc charge of DSP, as such, the police despite giving option to the appellant had not got his search conducted before a gazetted officer. No explanation worth the name has been put forth as to what was the hurdle in the way of calling a gazetted officer at the spot before conducting the search. The police party was headed by Inspector Randeep Singh. It cannot be believed that Inspector Randeep Singh was not aware of the fact that his colleague Inspector Pritpal Singh Thind posted at the same place is, in fact, was not a gazetted officer. The question here is not of the compliance of Section 50 of the Act. The manner in which the search of the appellant was conducted reflect th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... regarding the joining of Garja Singh as follows :- Before the arrival of DSP, Garja Singh had come and he was joined by us. However, when I recorded the statement of accused, Garja Singh was not present. 9. Statement of appellant recorded by the police before the arrival of DSP is Ex. PD vide which he was given option for his search before a gazetted officer or a Magistrate. The perusal of this memo shows that it bears the signatures of Garja Singh as witness. If Garja Singh was not present when the statement of appellant Ex. PD was recorded, his signatures on this memo creates further suspicion regarding the whole conduct of investigation in this case. The nonjoining of independent witness from the nearby locality may not affect th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... examination-in-chief was concluded without producing the application or any evidence regarding the production of case property before the Magistrate. This fact also has serious implications. The case property was not produced before the SHO, Samana, as such, it was not bearing his seal. At the time of recovery seal of Inspector Pritpal Singh Thind (officiating DSP) was put on the sample and the seal was also retained by him and not given to the independent witness. On the next day, the case property was taken by Inspector Randeep Singh for production before the Magistrate and then redeposited. But no evidence has come on file that it was produced before the Magistrate. 13. Having possession of contraband invites a deterrent punishment an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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