IMPORTANT POINT
Narcotics – Identification of Accused – Recovery witness stated they could not identify the persons who ran away from the spot and distance between them and the persons, who ran away, was about 100 yards-Accused acquitted.

Inderjit Singh, J.

This judgment shall dispose of above mentioned three connected criminal appeals arising out of the same judgment of conviction and order of sentence dated 13.02.2015 passed by learned Judge, Special Court, Hoshiarpur, whereby they were convicted and sentenced to undergo rigorous imprisonment for a period 12 years and to pay a fine of Rs. 1,25,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of two years each under Section 15 of the NDPS Act.

2. The brief facts of the case are that on 20.08.2007, SI Gurmit Singh, Police Station Tanda, along with ASI Ram Tirath, Head Constable Narinder Singh etc. was present at bus stand Tanda. Then, he received secret information that one Tata Sumo bearing registration No. PB-01-2932 loaded with intoxicated substance is coming from Jammu towards Tanda, which was being driven by Veeru, who used to supply intoxicated substance and if nakabandi is held at Darapur by-pass Tanda then poppy husk/intoxicated substance can be recovered in heavy quantity from the above-said vehicle. After joining Baldev Singh in the police party, Naka was held at Darapur by-pass Tanda and information to DSP Dasuya was also given. Then from the side of Dasuya, one Tata Sumo was seen coming, which was signalled to stop but the driver took the vehicle ahead with fast speed. Then SI Gurmit Singh along with other officials in Govt. vehicle followed Tata sumo. However, driver of the Tata Sumo along with other two persons ran away after parking the vehicle on one side near animal market. DSP Dasuya along with his staff came at the spot, to whom SI Gurmit Singh disclosed that three persons after alighting from Tata Sumo succeeded in running away and their identification cannot be made. Under the supervision of DSP Dasuya, search of Tata Sumo was conducted, from which 7 bags containing poppy husk were recovered. Two samples each weighing 250 grams were separated from each bag and after preparing parcels, remaining poppy husk on weighment came to 22kgs. 500 grams in each bag. The bags along with sample parcels were taken into police possession vide recovery memo. Ruqa was sent to the police station. FIR was registered. Accused were arrested. Statements of witnesses were recorded. After necessary investigation, challan was presented against the accused-appellants.

3. On presentation of challan, copies of challan and other documents were supplied to the accused-appellants under Section 207 Cr.P.C. Finding prima facie case, the appellants were charge-sheeted under Section 15 of the NDPS Act, to which they pleaded not guilty and claimed trial.

4. In support of its case, the prosecution examined PW-1 Head Constable Malkiat Singh and PW-2 Head Constable Sukhwinder Singh, formal witnesses, who tendered into evidence, their affidavits Ex.PA and Ex.PB respectively. PW-3 SI Gurmit Singh, Investigating Officer, mainly deposed same facts as narrated above while giving facts of prosecution case. He also deposed in chief-examination that three persons, who were present in the said vehicle, ran away from the spot by taking benefit of darkness. In cross-examination, this witness admitted that none of the absconder could be identified at the spot. No test identification parade was got arranged after the arrest of the accused. PW-4 SI Prem Kumar mainly deposed that on that day, SI Gurmit Singh produced before him 14 samples and 7 bags containing poppy husk duly sealed with seal bearing impression 'HS'. He checked the said articles and sealed the same with his seal bearing impression 'PK' and also affixed his seal on the sample seal. PW-5 ASI Ram Nath, who was with SI Gurmit Singh, also deposed regarding recovery of poppy husk from the vehicle. He also deposed that police party followed Tata sumo on government vehicle and they reached near cattle mandi. The vehicle was stopped there and three occupants of said vehicle escaped. In cross-examination, this witness stated that secre