JIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE case against the petitioner has been registered vide FIR No. 26 dated 2.4.2000 under Sections 15, 61, 85 NDPS Act. After completion of the investigation, the challan was presented before the trial Court.

(2.) AT the hearing, Shri RPS Athwal, DAG Punjab made a statement that the petitioner inadvertently has been challaned under Section 15 NDPS Act. He further made a statement that the petitioner is the owner of the truck from which the recovery has been effected, therefore, he is to be charge-sheeted under Section 25 NDPS Act. Admittedly on the day when the alleged recovery has been made, the petitioner was in jail, so, it will be decided at the time of trial whether the truck was being used with the connivance knowledge of the petitioner.