STATE OF PUNJAB Vs. SWARAN SINGH

JUDGEMENT

(1.) This is an appeal preferred by the State of Punjab against the decision of the Division Bench of the Punjab and Haryana High court in Criminal Appeal No. 282-SB of 1995 By the impugned judgment, the learned Single Judge acquitted the respondent for the offence under Section 18 of the NDPS Act, 1985.

(2.) The prosecution case was that on 17.5.1992, the Station House Officer of police Station, Voltoha, accompanied by asi Nirmal Singh and LC Balwinder Singh were proceeding from Amarkot to mehmoodpura on patrol duty. When they reached Mehmoodpura, they saw accused sawaran Singh coming from the opposite side. On seeing the police party, the accused sat down by the side of the road as if to answer the call of the nature. Accused sawaran Singh was apprehended and he was told that he was to be searched and if he so desired the search would be conducted in the presence of a Gazetted Officer or a Magistrate. The accused did not desire to be searched in the presence of a gazetted Officer or Magistrate.

(3.) On being searched, the accused was found carrying a plastic bag and on further search it was revealed that the bag contained a packet wrapped in a glazed paper. The contents of the bag were suspected to be opium. The substance weighed about 5 kg. out of which a quantity of 10 grams was taken for the purpose of sampling. The sample as well as the remaining quantity of the recovered substance were sealed and taken into possession by the Investigating Officer. This sample was entrusted to the police station voltoha where the formal First Information report was registered. The property recovered from the accused along with the samples was kept in the malkhana. Subsequently the sample was sent for analysis to the Forensic Science Laboratory and the Exhibit PF certificate confirmed the sample to be opium.