MEWA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present is a petition for quashing of the FIR No. 93 dated 11.7.1987 for offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act).

(2.) ASI Kuldip Singh along with constable Kulbir Singh while present in village Daudhar on patrolling duty received a secret information that Mewa Singh, present petitioner is indulging in the business of sale of poppy husk and at present substantial quantity of poppy husk is available at his residence. On the basis of said information. ASI along with other police officials recovered the bags of poppy husk.

(3.) The petitioner has sought the quashing of the said FIR on the ground that ASI is not an empowered officer under Section 42 of the Act and, therefore, entire proceedings against the petitioner are an abuse of process of law.