9911796707
TMI Blog2014 (2) TMI 1195X X X X Extracts X X X X X X X X Extracts X X X X ..... further rigorous imprisonment for two years in default of payment of fine. 2. Briefly stated, the prosecution case is that on 24.6.1997 Inspector Randeep Singh along with his police party was holding a 'Naka' on the bridge of Bhakra Canal in the area of village Paharpur, when at about 3.30 a.m. the appellant was witnessed riding a mare. On reaching the bridge he was signaled to stop but on witnessing the police party he turned his mare and managed to escape towards the other side. After giving a chase, he was apprehended near village Paharpur. Inspector Randeep Singh apprised the appellant of his intention to conduct his search, as he suspected that the appellant was possessing poppy husk and gave him the option to get his search ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted in the Court of Sub Divisional Judicial Magistrate, Samana,District Patiala, which was committed to the Court of Sessions Judge, Patiala vide order dated 3.10.1997. The appellant was charge-sheeted vide order dated 24.10.1997 to which he pleaded not guilty and claimed trial. 4. After recording the statement of the prosecution witnesses, statement of the appellant under Section 313 Cr.P.C. was recorded, wherein he denied the recovery of contraband from his possession and pleaded his false implication. 5. Learned counsel for the appellant has assailed the case of the prosecution on the ground that the appellant was apprehended on the outskirts of village Paharpur but no independent witness from the village was joined. The appellant had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on before the Magistrate is not fatal to the prosecution case, as the sample which reached the Forensic Science Laboratory was intact when analysed. 7. Before proceeding further, it will be relevant to have a look on the memo Ex.PD, which was prepared after giving option to the appellant to get his search conducted before a gazetted officer or a Magistrate. As per the recital in the memo, the appellant opted his search to be conducted before the gazetted officer. After exercise of option by the appellant, DSP Pritpal Singh was called to the spot. It has been admitted by DSP Pritpal Singh that he was not a gazetted officer. He was given ad hoc charge of the post of DSP, Samana. At that time he was holding the post of Inspector. The appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e been called at the spot. Only DSP is not a gazetted officer in a Tehsil, there are many other gazetted officers posted there including the officers of the Revenue Department and other wings of the Govt. The non-exercise of the option available to him by Inspector Randip Singh creates suspicion about the modus adopted while effecting the recovery. 8. The non-joining of independent witness is not such a circumstance which reflect on the prosecution story or is a fact which render the official witnesses totally unreliable. In this case the police party had joined Garja Singh as independent witness. He has not been examined in this case and was given up as having been won over by the appellant. Inspector Randeep Siungh while appearing as PW- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat on reaching the police station he produced the case property before the SHO, Police Station, Samana. These provisions have been incorporated in the Act to safeguard the interests of the accused and signifies the intention and concern of the legislature in providing checks at various stages of investigation. 12. As per the case of the prosecution, case property in this case was also produced before the Magistrate on the next day, but this fact was not substantiated by any evidence on file. Statement of Inspector Randeep Singh was got deferred by the learned APP on 21.9.1999 as he wanted to produce the application presented before the Magistrate. On his request, statement of Inspector Randeep Singh was deferred for 8.12.1999. On this day ..... X X X X Extracts X X X X X X X X Extracts X X X X
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