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2009 Supreme(Ori) 82
2009 (I) OLR (SC) — 706
S.B. SINHA, DR. MUKUNDAKAM SHARMA AND H.L. DATTU, JJ.
State of Punjab ...Appellant
Versus
Gurnam Kaur & Ors. ...Respondent(s)
Criminal Appeal No. 939 of 2007
Decided on 6th March, 2009.
Headnote:1. EVIDENCE ACT, 1872 - Sec. 27 - 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 the section. (Para - 15)
2. NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 - Sec. 50(4) - Personal search of the ladies must be conducted by a lady police officer - In the present case personal search of the accused was conducted by DSP 'BS' which is violative of the provisions of Sub-section (4) of Section 50 of the Act.
(Para - 16)
3. ACQUITTAL - Jurisdiction of Supreme Court to interfere with a judgment of acquittal is limited - When two views are possible, a judgment of acquittal should not be interfered with.
(Para - 18)
4. CONSTITUTION OF INDIA, 1950 - Art. 136 - Conviction by trial Court under Secs. 18 and 20 of the N.D.P.S. Act - Order of acquittal by High Court - Appeal - Several infirmities in the prosecution case - A statement in regard to the possibility of contraband articles likely to be found at the residence was not recorded in writing - Prosecution has not examined any independent witness - Held, not a fit case where Supreme Court should exercise its discretionary jurisdiction in interfering with the impugned judgment. (Paras - 12 to 18)
JUDGMENT
S.B. SINHA, J. — 1. 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. 157-DB of 2004.
2. Respondents herein are three ladies, viz., Gurnam Kaur, Ranjit Kaur and Gurjit Kaur. Gurnam Kaur is wife of Pargat Singh. Paramjit Singh @ Pamma, Amolak Singh and Hira Singh are sons of Pargat Singh.
Respondent Nos. 2 & 3, namely, Ranjit Kaur and Gurjit Kaur are wives of Hira Singh and Paramjit Singh respectively.
3. On or about 16-06-2000 one Shri S.S. Mand, DSP (D), Kapurthala purported to have received a secret information. He, pursuant to the direction of SSP, Kapurthala, was standing at the turning of Dhilwan Road, Dhussi Bundh in connection with a ‘nakabandi’ arranged on the basis of the said secret information. 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. One U.P. Bhatt, Intelligence Officer of Narcotics Control Bureau (NCB) was also present.
4. At about 7:30 a.m., one Maruti Car bearing registration No.HR03A- 2642 was found coming from the side of Amritsar town. 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.
Three persons came out of the car and ran towards the fields. The driver of the car was, however, apprehended. He disclosed his name as Gurlal Singh @ Lalli. He was taken in custody. He alleged that other three persons who had fled away were Paramjit Singh @ Pamma, Amolak Singh and Hira Singh.
5. He was allegedly asked as to whether he would like to get his car searched by a Gazetted Officer or a Magistrate, he expressed no objection to the searched by the officer himself. On search narcotics were recovered from the said car.
Five packets of heroin marked ‘333’ were recovered from a gunny bag. Each packet weighed one kg. Samples therefrom were taken. Some narcotics were also found in the car, total being 55 Kgs. of heroin and 22 Kgs. of opium.
A First Information Report was lodged. Gurlal Singh allegedly made a statement that if the houses of Hira Singh and Pargat Singh are raided, a large quantity of contraband would be recovered. Pursuant thereto a raid was arranged. DSP Baldev Singh, PW3 and other police officials went to village Thatha. They met DSP Ashutosh, PW8, of Amritsar district in the said village itself.
6. All the respondents were said to have been found sitting in one of the rooms of the said house. 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. Sample thereof was said to have been taken.
7. A First Information Report was lodged at about 5:15 p.m. on 16-06- 2000. Indisputably, Parmajit Singh by that time was already arrested and in the custody of the investigating officer.
No independent witness was examined by the prosecution.
Respondents herein were prosecuted for commission of offence under the said Narcotic Drugs and Psychotropic Substances Act (for short, ‘the Act’).
8. The learned Trial Judge found the respondents guilty of commission of an Offence under Sections 18 and 20 of the Act and convicted them to undergo rigorous imprisonment for a period of twelve years and fine of Rs.1,00,000/- (Rupees One Lakh only).
9. By reason of the impugned judgment, the High Court on appeal, however, reversed the said findings. The High Court found that no independent witness was examined. Village Thatha is situated in the district of Amritsar. The raid was conducted by the police office
