STATE OF PUNJAB Vs. NABI DIN

JUDGEMENT

(1.) Leave granted.

(2.) The evidence of a policeman was tendered in a criminal trial by means of an affidavit but it was not accepted by the High Court and consequently the entire prosecution case was thrown over board. The conviction and sentence passed on an accused were resultantly quashed on that ground alone. The State of Punjab challenges the said verdict of the High Court in this appeal by special leave.

(3.) The respondent was charge-sheeted by the police for the offence under Section 9 of the Opium Act before the Court of a Judicial Magistrate of Ist Class, Ludhiana. The substance of the allegation against him was that he was found in possession of 4.5 kg. of opium wrapped in glazed papers on 11-10-1984. The police version was this: while some of the police personnel were returning after patrol duty they came across the respondent near the railway crossing at Kanod village (Sanhewal in Ludhiana district). On seeing the police he tried to run away from the scene and then the police felt suspicious about him and intercepted him. When a search was conducted the police could seize the contraband article (Opium) from him. The police officials separated ten grams of Opium as a sample and put it in a matchbox and sealed it. The sample was forwarded to the Chemical Examiner, who, after testing the same, reported that it was opium. On completion of the investigation the police laid the charge sheet against the respondent.