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The FIR (Ex.P16) has been registered on a writing (Ex.P15) sent by Inspector Balwinder Singh, In Charge CIA Muktsar (PW-4) to the SHO Police Station City Malout. Said Inspector Balwinder Singh (PW-4) along with ASI Shinder Singh (PW-5), Head Constable Lakhwinder Singh, LC Rachhpal Singh, LC Gurtej Singh, Constable Balwinder Singh and Constable Iqbal Singh on 07.02.2005, was in a government gypsy vehicle No. PB-12-B-2506. Paramjit Singh, constable was driving the said vehicle. The police party was going in the area of City Malout for setting up a check post ('naka') for checking. The police party reached the Malout-Bathinda crossing where Victor Masih alias Vicky son of Nazar Masih resident of Tahliwala Jattan then resident of City Malout met them. He was joined with the police party and taken along. On the link road going towards village Jandwala from the main Malout-Bathinda road at a distance of about 100 yards towards village Jandwala on the small bridge ('puli') in the area of Jandwala, a check post for checking anti-social persons and vehicles had been set up. The time must be about 2.00 p.m. that from the side of village Jandwala a truck was seen coming towards the main Bathinda-Malout road, which was signalled to stop by Inspector Balwinder Singh (PW-4). The driver and the conductor after stopping the vehicle hurriedly tried to get down but they were apprehended with the help of the police party. Their names and addresses were asked and the person who was driving the truck disclosed his name as Balbir Singh alias Balli (appellant) and the other person who got down from conductor side of the truck disclosed his name as Makhan Singh alias Makhani (who was declared a juvenile). The aforesaid persons namely Balbir Singh alias Balli and Makhan Singh alias Makhani were informed by Inspector Balwinder Singh (PW-4) that he was posted as In charge CIA Muktsar and was In charge of the checking party and he wanted to conduct a search of the truck No. HR-57-1088 as he suspected that some contraband article was in the truck, which was in their possession. Balbir Singh @ Balli (appellant) and Makhan Singh alias Makhni (juvenile) were informed that they had a legal right to get their search and search of the truck in their possession conducted from some magistrate or a gazetted officer. The said two occupants of the truck in one voice stated that they wanted their search and that of the truck in their possession to be conducted by some gazetted officer. On this Inspector Balwinder Singh (PW-4) prepared separate dissent memos (Ex.P10 and Ex.P11) of the said two persons, which were thumb marked/signed by them and were attested by the witnesses ASI Shinder Singh (PW-5) and Victor Masih respectively. Inspector Balwinder Singh (PW-4) through wireless QST informed Shri Hargobind Singh DSP Malout (PW-2); besides HC Sukhpal Singh government photographer, Muktsar (PW-3) was asked through the Police Control Room, Muktsar to reach the spot. At about 2.30 pm, Shri Hargobind Singh DSP Malout (PW-2) along with his gunman and staff in a government gypsy came at the spot and after about 15-20 minutes, HC Sukhpal Singh government photographer Muktsar (PW-3) along with his video camera reached at the spot. The DSP Sahib (PW-2) was apprised of the entire circumstances. The DSP Sahib (PW-2) disclosed his identity to Balbir Singh alias Balli (appellant) and Makhan Singh alias Makhani (juvenile) and that he was posted as DSP Malout and was a gazetted officer of the police. He wanted to conduct their search and that of the truck as he suspected that they were carrying some contraband article in their possession and in the truck but they had a legal right to get their search and search of the truck conducted from some Magistrate or some other gazetted officer. The said two persons in one voice stated that they had faith in him and he could conduct their search and that of the truck in their possession. On this Inspector Balwinder Singh (PW-4) prepared separate consent memos of Balbir Singh alias Balli (appellant) and Makhan Singh alias Makhni (juvenile). Balbir Singh (appellant) thumb marked his consent memo (Ex.P-6), which was attested by DSP Hargobind Singh (PW2) and witnessed by ASI Shinder Singh (PW-5) and Victor Masih. The consent memo of Makhan Singh is Ex.P-12. DSP Sahib (PW-2) attested these and instructed Inspector Balwinder Singh (PW-4) to conduct their search and search the truck No.HR-57-1088 in their possession. Inspector Balwinder Singh (PW-4) after removing the tarpaulin from the bags with the help of his companion officials conducted search of the truck. On search, 50 bags of poppy husk were recovered. These were marked serial wise from 1 to 50. Sample parcels were separately prepared after taking 250/250 grams of poppy husk from each of the bags. The sample parcels as per the bags were prepared and were numbered serial wise from 1 to 50. The bags of poppy husk were separately weighed and each bag weighed 39 kilograms 750 grams. The case property of 50 bags of poppy husk and 50 sample parcels of poppy husk were sealed by Inspector Balwinder Singh (PW-4) with his seal bearing letters 'BS' and sample seal chit (Ex.P-1) was separately prepared. The seal after use was handed over to ASI Shinder Singh (PW-5). Shri Hargobind Singh DSP Malout (PW-2) further put his seal bearing letters 'HGS' on the case property comprising of 50 bags of poppy husk, 50 sample parcels of poppy husk sealed with impression 'BS'. DSP Hargobind Singh (PW-2) also attested the case property of 50 bags of poppy husk, 50 sample parcels of poppy husk and sample seal. The registration copy of truck No.HR-57-1088 was produced by accused Makhan Singh alias Makhni (Juvenile) before Inspector Balwinder Singh (PW-4). The same was in the name of Gurmel Singh son of Nachattar Singh resident of Gandu Khurd, Tehsil Budhlada, District Mansa, Punjab now resident of Ward No.10, Canal Colony, Ratia, District Fatehabad, Haryana and was valid till 13.06.2005. The case property of poppy husk, the sample parcel of poppy husk sealed with seals 'BS' and 'HGS' along with sample seals as also truck No.HR-57-1088 along with its registration copy in support of proof were taken in possession by preparing recovery memo (Ex.P-7) which was attested by DSP Hargobind Singh (PW-2) and witnessed by the aforesaid witnesses. Then Inspector Balwinder Singh carried out personal search of Balbir Singh alias Balli (appellant) and from his front shirt pocket, currency notes of Rs.2200/- were recovered which were taken in possession vide memo (Ex.P-13). The memo was thumb marked by Balbir Singh (appellant) and attested by DSP Hargobind Singh (PW-2) and the previously mentioned witnesses. Personal search of Makhan Singh alias Makhni (juvenile) in accordance with procedure was carried out and from the right back pocket of his trouser currency notes of Rs.800/- were recovered. Separate memo (Ex.-14) of personal search was prepared, which both the accused and the witnesses signed. DSP Sahib Malout (PW-2) attested the memo. This entire proceeding at the spot was video filmed by HC Sukhpal Singh government photographer (PW-3). Inspector Balwinder Singh (PW-4) sent memo (ruqa) Ex.P-15 to the Police Station through HC Lakhwinder Singh and on its basis, formal FIR (Ex.P-

The copy (Ex.PW8/A) of the certificate of destruction of Narcotic Drugs and Psychotropic Substances has been produced on record. The said certificate has been proved by MHC Gurmeet Singh, P.S. City Malout (PW-8). It is stated by him that he had brought the original Register No.19 pertaining to the present case and Ex.PW-8/A was the copy of the original certificate of the disposal report of the case property signed by Sh. I.P.S. Sahota, DIG, Ferozepur, Sh. L.K. Yadav, S.S.P. Muktsar and Sh. S.S. Srivastva, SSP, Ferozepur and Ex.PW-8/B was the copy of the entry of Register No.19 regarding disposal of the case property. A perusal of the copy of certificate dated 03.10.2005 (Ex.PW8/A) of destruction of Narcotic Drugs and Psychotropic Substances shows that in the present FIR No.29 dated 07.02.2005 registered at Police Station City Malout under the NDPS Act certificate (Ex.PW8/A) of destruction of Narcotic Drugs and Psychotropic Substances Act was prepared. The details of the drugs and its substances destroyed are mentioned. Detail of the drugs is mentioned as poppy husk. The gross weight is mentioned as 2000 kilograms and net weight is mentioned as 1975 kilograms. It has been certified that the Committee consisting of Shri___________ (not mentioned) supervised the destruction of narcotic drugs and psychotropic substances particularized therein in the presence of the witnesses namely Sh. Ajay Joshi Municipal Commissioner Cantt. and Sh.Tarlok Singh, Lambardar. It is signed by IG Police, Ferozepur Range, Ferozepur Cantt., Senior Superintendent of Police, Ferozepur and Senior Superintendent of Police, Muktsar. It is attested by Gurmel Singh SHO Police Station City Malout. However, 50 samples bearing the seal FSD/MLT which were got sealed by SDJM, Malout as per deposition of ASI Gurjant Singh (PW-1) are not shown to have been destroyed. Therefore, 50 samples containing the seal FSD/MLT or SDJM/MLT, as the case may be, are not shown to be sent to the Chemical Examiner nor are shown to be destroyed in the copy of certificate (Ex.PW8/A). A perusal of the certificate (EX.PW8/A) also shows that it does not mention the number of bags as 50 but only the gross weight of bags is mentioned as 2000 kilograms and net weight as 1975 kilograms. The poppy husk as per the prosecution case is that of 50 bags of poppy husk that were recovered and were produced by ASI Gurjant Singh Officiating SHO Police Station City Malout (PW-1) on 08.02.2005 in the Court of learned SDJM, Malout. It is stated by ASI Gurjant Singh (PW-1) that the learned SDJM, Malout after breaking open the seals of the gunny bags drew representative samples of 250 grams of poppy husk from each of the bags which were converted into separate 50 parcels. Thereafter, all the 50 representative samples and the gunny bags containing the remaining poppy husk were sealed by learned SDJM, Malout with her seal bearing impression FSD/MLT. Therefore, while destroying the contraband, it was liable to be verified whether the 50 bags containing poppy husk with seals FSD/MLT of learned SDJM, Malout were there. However, the bags of poppy husk with seals intact have not even been mentioned in the copy of certificate (Ex.PW8/A) and only 2000 kilograms gross weight and 1975 kilograms net weight of poppy husk is mentioned, which is alleged to have been destroyed. The number of bags that were destroyed i.e. 50 bags are not mentioned. The 50 bags produced before the learned Sub Divisional Judicial Magistrate, Malout on 08.02.2005 were liable to be mentioned and shown to be destroyed in the certificate (Ex.PW8/A), which is regarding destruction of the contraband.

A perusal of Register No.19 (Ex.PW8/B) shows that in the present case 50 sample parcels weighing 250/250 grams of poppy husk sealed with seal 'BS', 'GS' and 'HGS' along with seals were deposited. Against the same it is mentioned that vide road No.36 dated 21.02.2005 these were deposited in the office of Chemical Examiner, Chandigarh through LC Kulwinder Singh (PW-6). This entry in the register was attested by Jit Singh MHC on 22.02.2005. The other entry is regarding 50 sample parcels taken out from the case property by Judge Sahib (SDJM, Malout) weighing 250/250 grams of poppy husk duly sealed with seal SDJM/MLT. Against this entry it is mentioned that vide rapat No.29 dated 13.09.2005 these were deposited through MHC Jit Singh with Police Lines, Muktsar, and Committee for destruction. However, as already noticed, these are not shown to be destroyed in the copy of certificate (Ex.PW8/A) regarding destruction of record. Therefore, 50 sample parcels which were taken in the presence of SDJM Malout were admittedly not sent to the Chemical Examiner along with the parcels which contained the seals of 'BS', 'GS' and 'HGS'. The next entry (Ex.PW8/B) in Register No.19 is regarding 50 bags of poppy husk weighing 39½ kilograms in each bag duly sealed with seal SDJM/MLT. The next entry is regarding one truck bearing No.HR-57-1088 original order attached in the register. Vide rapat No.20 dated 25.08.2005, truck No.HR-57-1088 was found in intact condition. There is also an entry with the signature of Gurmel Singh son of Nachattar Singh Bauria, resident of Gandu Khurd, Police Station Boha, District Mansa who was/is the owner of the truck. It may also be noticed that the truck that was recovered was taken in possession on 'superdhari' (entrustment during trial) by said Gurmel Singh. It is Gurmel Singh who filed an application dated 26.07.2005 for release of truck No.HR-57-1088 in his favour. The learned Judge, Special Court, Muktsar after obtaining police report passed an order dated 23.08.2005 releasing the truck in favour of the applicant Gurmel Singh. In the said order it is observed that according to the police report the applicant (Gurmel Singh) is the owner of the truck and that the local police had no objection in release of the truck on 'sapurdari'. Gurmel Singh filed 'Sapurdgi Nama' dated 25.08.2005 along with Satnam Singh son of Gurcharan Singh resident of village Bhuttar, District Faridkot for release of the truck. In case the truck had been sold by Gurmel Singh to Balbir Singh alias Balli (appellant) in terms of the affidavit (Ex.P21), it was he who would have taken the truck on 'superdhari'. Gurmel Singh, the original owner of the truck has not been examined by the prosecution; besides, Jit Singh MHC with whom the case property was deposited has also not been examined. Gurjant Singh ASI Officiating SHO (PW-1) in his deposition also stated that after producing the case property before the learned SDJM, Malout, it was got photographed in the Court complex. No photographs of the case property have been produced. It is further stated by ASI Gurjant Singh (PW-1) that on return to the Police Station, he retained the sample parcels in his custody and deposited the remaining case property with Jit Singh MHC with seal intact; besides, on the same day he handed over 50 sample parcels to SHO Baldev Singh (PW-7) with seals intact. Therefore, according to ASI Gurjant Singh Officiating SHO (PW-1), he handed over 50 sample parcels which were taken to the Court of SDJM, Malout to SHO Baldev Singh (PW-7) on 08.02.2005 itself. Baldev Singh SHO (PW-7), however, has stated that on 12.02.2005, he was posted as SHO Police Station City Malout and on that day ASI Gurjant Singh (PW-1) handed over to him 50 sample parcels of 250/250 grams of poppy husk each along with sample seal chit sealed with seal bearing impression 'BS', 'GS' and 'HGS'. On 21.02.2005, he (PW-7) handed over the above said parcels along with sample chit to LC Kulwinder Singh (PW-6) for depositing the same in the office of Chemical Examiner, Chandigarh. It is further stated by SI Baldev Singh SHO (PW-7) that he directed LC Kulwinder Singh (PW-6) to get the docket forwarded from the office of SSP, Muktsar and thereafter deposit the sample parcel in the office of Chemical Examiner. He did not tamper with the sample parcels in any manner during the period they remained in his custody. At this stage SI/SHO Baldev Singh (PW-7) was got declared hostile and cross-examined by the public prosecutor. In cross-examination he (PW-7) states that the sample parcels were handed over to him on 12.02.2005. He joined Police Station City Malout as SHO on 12.02.2005. He was not posted there before the said date. Therefore, it is quite evident that the statement of Gurjant Singh ASI Officiating SHO (PW-1) that he produced the case property on the next day after its recovery i.e. on 08.02.2005 in the Court of the learned SDJM, Malout and on the same day i.e. 08.02.2005, he handed over 50 sample parcels to SHO Baldev Singh (PW-7) with seals intact is clearly not established as SHO Baldev Singh (PW-7) joined as SHO Police Station City Malout on 12.02.2005; besides, SHO/SI Baldev Singh (PW-7) makes no mention of the samples with the seals of SDJM/MLT. He only makes a mention of the samples with the seals 'BS', 'GS' and 'HGS' being received by him. It may also be noticed that in case the 50 samples with seal of 'BS', 'GS' and 'HGS' were given to Baldev Singh SHO (PW-7) on 12.02.2005, it is not explained as to where they were from 08.02.2005 to 12.02.2005. Moreover, Baldev Singh SHO (PW-7) kept the sample parcels with him from 12.02.2005 to 21.02.2005 and he did not deposit them in the 'malkhana' or in any other appropriate place. Therefore, the prosecution case indeed is full of discrepancies and infirmities which casts serious doubt as to its veracity and truthfulness.

As regards the link evidence, LC Kulwinder Singh (PW-6) has stated that on 21.02.2005, he was posted at PS City, Malout. He tendered in evidence his affidavit (Ex.P23). In cross-examination it is stated that it was incorrect to suggest that he had tendered false affidavit. As per affidavit (Ex.P23), it has been deposed that on 21.02.2005, SI Baldev Singh SHO Police Station City Malout (PW-7) handed over to him 50 sample parcels of poppy husk weighing 250/250 grams duly sealed with seals 'BS', 'GS' and 'HGS' along with sample seal of the case vide No.36 dated 21.02.2005. He was first directed to get the docket issued and numbered from the office of Senior Superintendent of Police, Muktsar and then deposit it in the office of Chemical Examiner, Punjab, Chandigarh. As per directions of Baldev Singh SI/SHO Police Station City Malout (PW-7) on 21.02.2005 on reaching the office of SSP, Muktsar, he got the docket issued and numbered and on 22.02.2005, he deposited the same in the office of Chemical Examiner, Punjab, Chandigarh. On getting receipt, on return he handed it over to Baldev Singh SI/SHO Police Station City Malout (PW-7) who handed over the same to MHC for attaching with the record. The said affidavit (Ex.P23) also does not make a mention of the 50 sample parcels which were sealed by the SDJM, Malout on 08.02.2005.