STATE OF PUNJAB Vs. MAKHAN CHAND

JUDGEMENT

(1.) This appeal by the State of Punjab is directed against a judgment of the High Court of Punjab and Haryana acquitting the respondent of the charge framed against him under S. 18 r/w. S. 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act').

(2.) The relevant facts necessary for disposal of this appeal are as under :-

(3.) The respondent-accused carried an appeal to the High Court against his conviction. The first question urged before the High Court was whether there was a contravention of S. 50 of the Act inasmuch as the offer made to the accused for searching his person in the presence of a Magistrate or a Gazetted Officer and his declining the offer of the same, was not corroborated by any independent witnesses. The High Court was of the view that, since the respondent-accused was apprehended in a public place, there was no dearth of witness as available at the time and place where the search was made. It is an admitted fact that no independent witnesses were joined in this case and also that there was nothing in the statements of P.W. 1 and P.W. 2 suggesting that there was any difficulty in joining independent witnesses. Hence, the High Court came to the conclusion that non-joining of independent witnesses would indicate a contravention of S. 50. On this reasoning, the High Court set aside the judgment of the Addl. Sessions Judge and acquitted the respondent. Being aggrieved, the State is in appeal.