TMI Blog2007 (12) TMI 446X X X X Extracts X X X X X X X X Extracts X X X X ..... tual matrix of this case is that on 27.7.1994, SI/SHO Raghbir Singh of Police Station, Ratia, accompanied by other Police officials was coming towards Ratia, after patrolling from the side of Village Mehmhra. when he reached on the bridge, he came across Manjit Singh as well as Gamdoor. When he was chattering with them, meanwhile one Fitter Rehra was spotted approaching from Bara side. On catching sight of the Police party, the driver-accused of the same accelerated the speed, which aroused suspicion in the mind of the above mentioned S.I., who made the same to stop. Three bags lying on the Rehra were suspected to contain some narcotic substance. The accused was offered to be searched before a Gazetted Officer or a Magistrate. He reposed co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncriminating circumstances appearing in the prosecution evidence against them. He has put forth that I was brought from my house to the Police Station, where this case has been falsely planted upon him. He examined Jaswant Singh , DW-1 as well as Gamdoor Singh, DW-2 and closed his defence evidence. After hearing the learned Public Prosecutor for the State, learned defence counsel and examining the evidence, the learned trial Court convicted and sentenced the accused, as noticed at the outset. Feeling aggrieved with the same, he preferred this appeal. Mr. Ramesh Hooda, Advocate on behalf of the appellant, urged with great eloquence that the appellant was not made aware of his right to be searched before a Gazetted Officer or Magistrate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has submitted that he reposes confidence in him (Raghbir Singh, SI ). This reply too bear his thumb impression as well as signatures of the above mentioned witnesses. Thus, the provisions of section 15 ibid have been vividly complied with. Mr. Hooda further canvassed at the bar that as would be apparent from the evidence on record, Manjit Singh, independent witness did not lend support to the prosecution case and furthermore, Gamdoor Singh, DW has not been examined by the prosecution though when produced at the trial in defence, he falsified the prosecution story and in these premises, it would be going too far to rely upon the evidence of official witnesses, who are interested in the success of the case. Mr. Rathee countered this ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nk papers, he will face serious consequences. So, it would be quite reasonable and legitimate to infer that, as a matter of fact, the accused was apprehended with Poppy Straw on Fitter Rehra in his presence and he had to sign Ex.PA as well as Ex.PA/1. Doubtless that Gamdoor Singh, cited as a prosecution witness, has been given up. His appearance as a defence witness in favour of the accused has affirmed the apprehension of the prosecution. This witness has testified that the Police asked them to sign some papers and assured them that Manjit Singh will be released by the evening. In his cross-examination, he has admitted his signatures on Ex.PB at point 'A'. He has disowned his statement Ex.PL under Section 161 of Cr.P.C. He also bel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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