STATE OF PUNJAB Vs. HAR CHAND SINGH

JUDGEMENT

(1.) STATE of Punjab has filed the present appeal against the judgment of acquittal passed by the Additional Sessions Judge, Ludhiana on 7.7.1993 acquitting the respondents herein under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act').

(2.) THE case of the prosecution in brief is that on 2.2.1990, SI Manmohan Singh along with ASI Jarnail Singh and other officials of police force were going for patrolling and checking in a vehicle from the side of village Bhundari and Kul Gehna towards village Hujran. When the police party reached in the area of village Hujran, some suspects were seen in a pit in the bed of river Satluj. After stopping the vehicle the members of police party went towards them. One of the persons ran away. However, Harchand Singh and Surjit Singh who were sitting on the gunny bags lying in the pit were apprehended on the spot. They disclosed their identity and of the person who ran away as Tara Singh, resident of village Jalalabad. SI Manmohan Singh offered to carry out the search in the presence of Magistrate or Gazetted Officer but accused Harchand Singh and Surjit Singh declined offer. Thereafter, SI Manmohan Singh carried out search and found all the gunny bags numbering 22 containing poppy husk. From each of the bag, two samples weighing 250 grams each were separated and the sample and gunny bags containing the residue poppy husk were kept into sealed parcels with the seal bearing letters 'MS' of SI Manmohan Singh. All the articles including poppy husk bags were taken into police custody through seizure memo Ex.PC. On personal search of Surjit Singh and Harchand Singh some money and wrist watches were recovered and taken into possession. Subsequently, on the basis of ruqa, Ex.PE, FIR Ex.PE/1 was registered. The samples were sent for analysis to Forensic Science Laboratory, Punjab Chandigarh and were found to be poppy straw powder vide report Ex.PG. On completion of investigation, the accused were charged for offence under Section 15 of the Act.

(3.) WE have heard the counsel for the parties and with their assistance have gone through the records of the case carefully.