STATE OF PUNJAB Vs. DHARA SINGH

JUDGEMENT

(1.) STATE of Punjab has filed the present appeal against the judgment of acquittal dated 21.10.1993 passed by Additional Sessions Judge, Ferozepur acquitting the respondent herein, in case FIR No. 188 of 15.5.1988 under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred to as the Act) registered at Police Station, Sadar Ferozepur.

(2.) THE prosecution has sought the trial of respondent on the allegations that on 15.5.1988 in the area of Hussainiwala, respondent Dhara Singh was found in possession of 24 packets of charas each weighing one kilogram and on the same day accused was also found in possession of 7 bags each containing 22 packets of 1 kilogram each of charas without any licence or permit. It was stated that Harbhajan Chand S.P. (O) received a secret information on 15.5.1998 that the accused and some other persons were indulging in smuggling of charas and arms from Pakistan to India. The informant had informed that the accused used to send heroin, charas and arms. Shri Harbhajan Chand was also informed that in case raid is carried out at the house of accused Dhara Singh, he could be apprehended with heroin, charas and arms. Finding the said information reliable, Shri Harbhajan Chand S.P. (O) sent ruqqa Ex.PF at 12.30 a.m. and on the basis of said ruqqa, present case was registered.

(3.) ON the basis of these allegations, the accused was put to trial for an offence under section 15 of the Act.