STATE OF PUNJAB Vs. KAKA SINGH

JUDGEMENT

(1.) This appeal against acquittal arises out of the following facts;

(2.) On January 25, 1988 Sub Inspector Ramandeep Singh, S.H.O., Police Station, Sardulgarh received secret information that accused Kaka Singh was selling poppy husk in his house and if a raid was conducted, the same could be recovered. The Sub Inspector accordingly recorded a first information report, Ex. P.A., and after joining Ex. Sarpanch Gurnam Singh with the Police Party, raided the house of the accused. The accused was found present in his house and was taken into custody. An offer under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act) was made to the accused before the search but he stated that he would have no objection if the search was conducted by the Investigating Officer himself. The accused was then interrogated and he made a disclosure statement, Ex.PB, to the effect that he had kept conclealed 25 bags of poppy husk underneath the heap of cotton sticks and offered to get the same recovered and pursuant thereto 25 bags of poppy husk each containing 40 Kgs. were recovered. A sample of 100 gms poppy husk was taken out of each bag and the remaining contraband was duly sealed. On return to the police station, the case property was deposited with the Moharrir Head Constable. On the completion of the investigation, the accused was challaned for an offence punishable under Section 15 of the Act and as he pleaded not guilty was brought to trial.

(3.) In order to prove its case, the prosecution examined PW-1 ASI Kewal Krishan and PW-2 SI Ramandeep Singh. The report of the Chemical Examiner and certain affidavits constituting the link evidence were also tendered in evidence. Gurnam Singh was, however given up as having been won ever by the accused.