STATE OF HARYANA Vs. KASHMIR SINGH AND ORS.

JUDGEMENT

(1.) Four accused persons were tried by Additional Sessions Judge, Kurukshetra. All of them were acquitted by the Sessions Judge. Aggrieved by the same, the State preferred an appeal against the acquittal and the Division Bench of the High Court rejected the appeal. Hence this appeal by special leave by the State.

(2.) Out of these four accused one Hari Saran died during the pendency of the trial. In the present appeal there are only three respondents. The first respondent Kashmir Singh and 3rd respondent Krishan Lal though served notice, they have not entered appearance either in person or through counsel. The second respondent Shingara Singh alone is represented by a counsel. As we propose to remand the matter, we are not appointing Amicus Curiae for respondent nos. 1 and 3.

(3.) Case in brief is that on 4.4.1993, Inspector Amar Nath got secret information to the effect that a truck bearing No. UHN 299 was transporting poppy husk and on the basis of this information he went to the bus stand and found a truck bearing No. UHN 299 and on search of the truck 40 kgs. of poppy husk was found in 37 gunny bags. The respondent deceased Hari Saran was the driver of the truck and the respondents Kashmir Singh, Shingara Singh and Krishan Lal were found to be the occupants of the truck. In the trial before the Sessions Court the accused raised several pleas and had also contended that Section 50 of NDPS Act was not followed. Sessions Judge found that the recovery and seizure of contraband were not properly proved as it was not in the presence of independent witnesses and accused were acquitted. In the High Court, the Division Bench by a cryptic order said that Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 have not been complied with, therefore, no interference was called for in the appeal against the acquittal.