STATE OF PUNJAB Vs. BHUPINDER SINGH

JUDGEMENT

(1.) EXACTLY 17 years ago i.e. on 10.8.1983, the police party headed by ASI Parkash, PW.3 comprising of Constable Mohinder Partap, PW.1 and Constable Harpal Singh, PW.2 intercepted the accused Bhupinder Singh on the turning of the back side of Arya College, in the area of Police Kotwali, Ludhiana, while he was carrying a bag in his right hand. His personal search was conducted which led to the recovery of opium wrapped in a waxen paper from the Jhola weighing 2 kgs. A sample of 10 grams of opium was taken out as sample and the remaining opium was put in a Dibba tin which was duly sealed and the same was taken into possession vide recovery memo Ex.PA. Site plan Ex.PD of the place of recovery was prepared. Ruqa Ex.PC was sent to the Police Station and on its basis formal FIR Ex.PC/1 was recorded. The sample was sent to the Chemical Examiner who vide his report Ex.PE declared the same to be opium. After completion of the investigation, the accused was put to trial. However, the accused was acquitted by the learned trial Magistrate observing that there was no satisfactory evidence to hold the accused guilty and accorded the benefit of doubt.

(2.) NOT satisfied with the said order of acquittal, the State came up in the present appeal which is being resisted from the other side.

(3.) IN view of the above discussion, the arguments of the learned Deputy Advocate General, are not convincing to interfere with the order of acquittal passed by the learned trial Court. Hence, the appeal is dismissed. Appeal dismissed.