Indian Kanoon - Search engine for Indian Law

.

BRIEF FACTS OF THE PROSECUTION CASE:

2. Brief facts of the case as alleged by prosecution are that on dated 16.9.2006 police officials conducted the search of motor cycle of accused bearing No. PB-08-2906 near his confectionery shop at Jassur and it is further alleged by prosecution that on checking of dickey 610 capsules of Parvon Spas and eight bottles of corex were found. It is alleged by prosecution that secret information was received by SI Bahadur Singh that accused deals in Charas and other offending articles in his shop situated at Jassur. It is alleged by prosecution that report Ext.PW15/A was prepared and same was sent to DSP Nurpur through C. Nirmal Singh the copy of which is Ext.PW2/A. It is alleged by prosecution that ruka Ext.PW2/B was prepared by SI Bahadur Singh and was sent to police station through C. Gurdeep for registration of FIR on the basis of which FIR Ext.PW12/A was registered. It is alleged by prosecution that SI Bahadur Singh joined the witnesses namely Balvinder Singh and Neeraj in police party and proceeded to the shop situated at Jassur. It is alleged by prosecution that accused was informed that he has legal right to be searched before gazetted officer or Magistrate. It is alleged by prosecution that accused consented that he should be searched before the police officials. It is further alleged by prosecution that police officials were also searched and memo .

Ext.PW1/A was prepared. It is alleged by prosecution that scooter bearing registration No. PB-08-2906 was found parked outside the shop which was also searched after obtaining keys from accused. It is alleged by prosecution that in dickey of scooter 610 capsules of Parvon Spas and 8 bottles of corex were found. It is alleged by prosecution that 10 capsules out of 610 recovered capsules took out for samples purpose and one bottle out of 8 bottles also took out for sample purpose. It is alleged by prosecution that samples were taken and sealed in the parcels. It is alleged by prosecution that NCB forms in triplicate Ext.PW2/C was prepared. It is alleged by prosecution that impression of seal was obtained on a piece of cloth and seal after use was handed over to witness Balvinder Singh. It is alleged by prosecution that thereafter police officials proceeded to police station Nurpur and four parcels along with NCB form in triplicate and impression of seal were deposited with MHC. It is alleged by prosecution that site plan Ext.PW15/B was prepared. It is further alleged by prosecution that scooter was purchased by accused from Ravinder who had purchased it from Pawan Kumar in consideration amount of ` 2000/- (Rupees two thousand only). It is alleged by prosecution that registration certificate which was in the name of earlier owner Pawan Kumar was also took into possession .

Testimony of PW1 Balvinder Singh is fatal to the prosecution 10.1. In the present case it is the case of prosecution that PW1 Balvinder Singh is independent witness and he participated in search and seizure proceedings. PW1 Balvinder Singh when appeared in witness box has specifically stated that he does not remember the registration number of scooter from which 610 capsules Parvon Spas and 8 bottles of corex were recovered.PW1 Balvinder Singh did not prove the registration number of scooter in positive cogent and reliable manner. PW1 has specifically stated in positive manner that accused was not owner of scooter in question and further stated that dickey of scooter was unlocked. He has also stated that he has signed memo in police station. Above stated testimony of this prosecution witness creates doubt in the mind of Court.