STATE OF PUNJAB Vs. BALWINDER SINGH

JUDGEMENT

(1.) The State of Punjab has filed this application for grant of leave to appeal under Section 378(3) Cr. P.C. against the judgment dated 20.4.2009 passed by the Judge, Special Court, Ludhiana, whereby respondents Balwinder Singh @ Bindri and Sukhdev Singh alias Sukha have been acquitted of the charge under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act').

(2.) In this case, respondents Balwinder Singh @ Bindri and Sukhdev Singh alias Sukha were tried by the Judge, Special Court, Ludhiana for having committed the offence punishable under Section 15 of the Act, on the allegations of having illegal possession of 70 Kgs. of poppy husk. As per the prosecution version, on 11.10.2004, a police party headed by SI Dharam Pal, who was posted as SHO, Police Station Raikot, was going from Raikot to villages Johlan etc. in government vehicle in connection with patrolling and checking of suspected persons. At about 5.30 p.m., they noticed two young men coming on a scooter carrying in their middle two fatty gunny bags from the side of village Bhaini Barringa. On seeing the police party, they got perplexed and tried to turn back the scooter, but the scooter fell on the ground along with gunny bags. Out of them, one person, namely, Sukhdev Singh, who was already known to HC Jagroop Singh, had run away from the spot and the second person was apprehended, who later on disclosed his name as Balwinder Singh. He also disclosed the name of the person who had run away as Sukhdev Singh. Then, on the offer having been made by SI Dharam Pal to the accused about his right to be searched in the presence of a Gazetted Officer or a Magistrate, accused Balwinder Singh consented that he could be searched by SI Dharam Pal. Thereafter, on search of two bags, poppy husk was recovered, which came to be 35 Kgs. in each bag. From the two gunny bags, two samples of poppy husk weighing 100 grams each were taken after completing the formalities. Thereafter, the samples as well as gunny bags with remaining poppy husk were sealed. The RC of the scooter was also taken into possession. Ruqa was sent to Police Station for registration of the case, on the basis of which formal FIR was registered. The case property was got deposited with ASI Jasmer Singh, the officiating SHO. Thereafter, the samples were sent to Chemical Examiner, Patiala.

(3.) Accused Sukhdev Singh was arrested on 16.10.2004. After completion of the investigation and and on receipt of report (Ex.PY) of Asstt. Chemical Examiner, Patiala, the challan against both the accused was presented in the Court, and charge under Section 15 of the Act was framed against them, to which they pleaded not guilty and claimed trial.