IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Reserved: 09.10.2025 Date of Pronouncement: 28.10.2025.

State of Punjab ....Appellant.

Versus Kala Singh and another ...Respondents.

***

CORAM: HON'BLE MR. JUSTICE N.S. SHEKHAWAT HON'BLE MRS. JUSTICE SUKHVINDER KAUR .......

Present: Mr. I.P.S. Sabharwal, DAG, Punjab.

Ms. Manjot Kaur, Advocate for Mr. S.S. Gill, Advocate for the respondents.

***

Sukhvinder Kaur , J .

1. The appellant-State has preferred the instant appeal against judgment dated 13.12.2003, passed by learned Judge, Special Court, Sangrur, vide which respondents-accused Kala Singh and Paramjit Singh @

Pammi have been acquitted.

2. Factual Scenario, as per prosecution version is that on 8.9.1997, Sub Inspector Gurpreet Singh along with ASI Davinder Singh and other police officials proceeded for patrolling duty on an official Gypsy bearing registration No.PIS-1006, driven by Constable Suresh Kumar for checking of suspects. When the police party reached at village Uthawal, Chowkidar Ghumand Singh met the police party and he was assodiated police party. At about 5.30 p.m. an Eicher tractor with an attached trolley, on which three persons including the driver, were sitting came from the side of Sunam and after reaching near the turning point of the road, it turned towards the bridge of canal minor. On seeing the police, accused Sukha Singh, who was sitting on the left side mud-guard of tractor and accused Paramjit Singh alias Pammi, who was sitting on the right side mud-guard of tractor jumped from the tractor and ran away. These persons were identified by Head Constable Avtar Singh, who was already knowing these persons. Accused persons could not be apprehended despite being chased by members of the police party. However, driver of the tractor, was apprehended by the Investigating officer with the help of other members of police party. During investigation, name of driver came to be known as Kala Singh. Thereafter the Investigating officer checked the trolley, after removing the black polythene sheet with which four bags lying in the tractor-trolley had been covered. Investigating officer, thereafter, told driver Kala Singh that bags lying in the tractor-trolley were required to be searched and that if he so desired, then a Magistrate or any Gazetted officer could be called, Since accused Kala Singh opted for his search in the presence of a Gazetted officer, as such his consent statement Ex. PW4/A was recorded, which was thumb marked by accused Kala Singh and was attested by PW Ghumand Singh, ASI Davinder Singh, and ASI Bhupinder Singh. Thereafter, DSP (R) Jagjit Singh Gill was requested to reach at the spot and on his arrival search of the gunny bags lying in the trolley was conducted under his supervision. All the bags were found to contain poppy husk. Out of each bag two samples of 250 grams each were separated and converted into parcels. The remaining poppy husk upon being weighed came to be 29 Kgs 500 grams in each bag and these bags were also converted into parcels and were sealed by the Investigating officer with his seal bearing impression 'GS. Sample seal chit Ex. P-1 was separately prepared and seal after use was handed over to ASI Davinder Singh. The entire case property including tractor-trolley bearing registration No.PUW-7984 and polythene sheet were taken into possession vide recovery memo Ex.PW4/B. On personal search of accused Kala Singh, currency notes of Rs.100/- were recovered which were also taken into possession vide memo Ex.PW4/C. Thereafter ruqa Ex. PW5/A was sent to the police station through constable Gurtej Singh, on the basis of which formal FIR, Ex.PW5/B was recorded by ASI Sukhwinder Singh. Investigating officer then prepared rough site plan of the place of recovery Ex.PW5/C and recorded the statements of the witnesses, thereafter, accused Kala Singh was arrested and Investigating officer deposited the case property with MHC Bhim Sain. On 27.10.1997 SI Ranjit Singh of CIA staff Bahadur