STATE OF PUNJAB Vs. JALAUR SINGH

JUDGEMENT

(1.) STATE of Punjab has filed the present appeal and it has been directed against the judgment of acquittal dated 22.1.1991, passed by the Court of Additional Sessions Judge, Ludhiana, who acquitted Shri Jalaur Singh son of Ruldu Singh, respondent, in case of FIR No. 72 dated 30.5.1989, registered under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in Police-Station, Jagraon.

(2.) THE story of the prosecution in brief is that on 30.5.1988 at about 8.30 A.M. in the area of village Cheema, respondent Jalaur Singh was allegedly found in possession of 5 quintals 32 kgs and 500 grams of poppy husk contained in 15 bags. The alleged recovery was effected from him by Mohan Lal Assistant Sub Inspector vide memo Ex. PA after taking out a sample of 250 grams from each of the bags Ex. P.1 to Ex. P. 15 in the presence of Harsukh Dev Pal Head Constable and Surjit Singh constable who appeared as PW-1 and PW-2 in the trial Court. As the accused failed to produce any licence or permit for the possession of the poppy husk, a rukka was sent to the police-station for the registration of the case on the basis of which formal FIR Ex.PB/1 was recorded. The Investigating Officer completed the formalities of the investigation such as preparing the rough site plan of the place of the alleged recovery. He sealed the case property and the sample was sent to the office of Chemical Examiner in a sealed cover and on receiving the report of the Chemical Examiner, the accused was challenged under Section 15 of the N.D.P.S. Act, who was tried by the Additional Sessions Judge, Ludhiana.

(3.) STATEMENT of the accused was recorded under Section 313 Cr.P.C. and all the incriminating circumstances appearing in the statements of the prosecution witnesses, were put to the accused who stated that he was innocent and a false case has been planted on him.