STATE OF PUNJAB Vs. PALA SINGH

JUDGEMENT

(1.) The present appeal by the State has been directed against the judgment of acquittal dated 8.6.1992 passed by Additional Sessions Judge. Faridkot in a case F.I.R. No. 41 of 29.4.1990 under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Sadar Faridkot.

(2.) Briefly the facts are that on 29.4.1990. A.S.I. Kuljit Singh alongwith H.C. Nirmal Singh, constable Tulshi Dass and other Police Officials was going towards village Phidde Kalan from the side of village Daggo Romana. When the police party reached on the Rajasthan canal feeder the accused was seen coming from the right side. On seeing the police party the accused slipped towards his right side. The police party apprehended the accused and after ascertaining the name and address he was asked if he wanted to be searched by a Gazetted Officer. The accused showed confidence in the police. A.S.I. Kuljit Singh asked the accused to rake his search but the accused did not take his search. However on search of the accused by the A.S.I. Opium weighing 5 kilograms and 50 grams was recovered. Separate parcels of the Opium taken as samples and the remaining bulk of opium were prepared and sealed. On return to the Police Station the case property as put up before the S.H.O. and sample was subsequently sent to Chemical Examiner and on completion of investigation the accused was sent for trial.

(3.) The Trial Court after considering evidence on record found the respondent no guilty and acquitted him.