STATE OF PUNJAB Vs. OM PARKASH

JUDGEMENT

(1.) THIS appeal has been filed by the State of Punjab against judgment of acquittal dated July 10, 1992 passed by Additional Sessions Judge, Hoshiarpur, by which Om Parkash respondent has been acquitted of the charge for offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act").

(2.) THE case against the respondent in the trial Court was that on October 2, 1991, while holding nakabandi by the police including Inspector Joginder Singh, Pritam Singh, Sarpanch and Iqbal Singh along with other police officials near Nasrala Choe Bridge, two persons were apprehended at about 4.00 a.m. who on noticing the presence of the police party tried to retreat their steps. On questioning, they informed that they were carrying charas in the Jhola. Inspector Joginder Singh immediately informed Sh. B.S. Grewal, Deputy Superintendent of Police, through wireless about the apprehension of two persons having charas in their possession who reached the place and also searched Om Parkash respondent and recovered 1 kg of charas from the Jhola in his possession. 10 grams of charas was separated as sample for the purpose of analysis. The sample and the remaining charas were made into separate sealed parcels and taken into possession in the presence of public witnesses. The Chemical Examiner confirmed the sample as of charas. The case was supported by PW1 Mangal Singh, Assistant Sub Inspector, and PW2 Sh. B.S Grewal, Deputy Superintendent of Police. Besides, affidavits of formal witnesses were tendered in evidence. The respondent denied the recovery and claimed false implication. He did not produce any defence. Considering the material before it, the trial Court acquitted him of the charge and hence this appeal.

(3.) THE trial Court considered the case of the prosecution weak for non- compliance of sections 50 and 55 of the Act. We consider that compliance of section 50 of the Act in this particular case was not required since the recovery was effected from a Jhola in possession of the respondent and it was not a case of personal search. In a similar case reported as Kalema Tumba v. State of Maharashtra and another, AIR 2000 Supreme Court 402 : 1999(4) RCR (Crl.) 575 (SC), Supreme Court observed as under :-