Tarjogi Narain vs State (U.T.Chandigarh)

S.S. Dewan, J.

Tarjogi Narain petitioner was brought to trial before the Court of Chief Judicial Magistrate, Chandigarh, for having been found in possession of 2kgs. and 100 grams of charas. He was convicted under S. 61(1)(a) of the Punjab Excise Act and sentenced to one year''s rigorous imprisonment and a fine of Rs. 500. On appeal being carried, the learned Session Judge, Chandigarh, upheld the conviction and sentence of the petitioner in his elaborate and lucid judgment dated 28th November, 1980. The petitioner had now come up by way of revision.

According to the prosecution story on 27th October, 1978, Assistant SubInspector Subhash Chander of C.I.A. Staff, Chandigarh alongwith some other police officials was present in the area of the Police Station West Chandigarh, near the Nadi of village Dhanas in connection with the investigation of a case. Piara Singh, P.W. met him and as such was joined in the police party. One Amka Dutt son of Din Dayal disclosed while in police custody that he alongwith Tarjogi Narain accused brought charas, from the State of U.P. for handing it over to one Dalip Singh of village Dhanas and further that Tarjogi Narain accused was sitting at the busstand with charas in his possession. The accused was apprehended from the specified place and 2 kgs. and 100 grams of charas was recovered from his bags, Exhibit P. 1 the sample sent to the Chemical Examiner was found to be charas. After necessary investigation, the accused was challenged, convicted and sentenced as indicated above.

To connect the accused with the crime the prosecution examined Assistant SubInspector Dalawar Singh, P.W. 2, Piara Singh, P.W. 3 and Assistant SubInspector Subhash Chander, P.W. 4 in support of its case. The accused denied the prosecution allegations and pleaded false complicity in the case but led no evidence in defence.

There is no doubt that the aforesaid three witnesses in their statements have fully supported the prosecution story which has been narrated above, but the question is how far reliance can be placed on the testimony of these witnesses. Sh. Subhash Chander has categorically denied the factum of joining Piara Singh as a prosecution witness in some other case. The learned counsel for the petitioner has produced a copy of the judgment in case State v. Amka Dutt under S. 61(1)(a) of the Punjab Excise Act decided by Sh. R.S. Sharma, Chief Judicial Magistrate, Chandigarh, on 19th of March, 1981 wherein Magistrate while acquitting the accused observed in his judgment that Piara Singh had appeared in so many cases with Assistant SubInspector Subhash Chander relating to the same police station and as such conviction could not be sustained on the testimony of the official witnesses.

Since Piara Singh has been dubbed as a stooge of the police of the worst type, it will not be safe to sustain the conviction of the petitioner on the basis of the testimony of the two official witnesses as the same loses its evidentiary value on account of the fact that although independent persons were available in the locality yet their services were not availed of by the Investigating Officer to witness the recovery.

For the reasons given above, I accept this revision petition, set aside the conviction and sentence of the petitioner and acquit him of the charge. Fine paid by him, if any, shall be refunded to him.