STATE OF PUNJAB Vs. NISHAN SINGH

JUDGEMENT

(1.) In the course of nakabandi operation in village Shah Bukkar, Tehsil Zira, District Ferozepur of Punjab State, on April 23, 1986, around, 2.55 p.m. Head Constable Balbir Singh recovered from accused Nishan Singh on his personal search out of jhola carried by the accused in his right hand 10.500 kilograms of opium wrapped in glazed paper. On being prosecuted for it under section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985, the accused pleaded not guiltyT thereto and claimed to be tried. Vide its impugned judgment dated 4th May, 1988 the learned trial-court acquitted the accused. Feeling aggrieved from the judgment aforesaid the State of Punjab filed Criminal Appeal No. 659-DBA of 1988 in this Court.

(2.) This appeal against the acquittal was dismissed by us on January 8, 1992. Learned brother S.S. Rathor, J., (as His Lord ship then was) who was to dictate the judgment has since breathed his last after prolonged sickness. My Lord Honble the Chief Justice has vide orders dated July 26, 1992, desired the undersigned lInd Judge sitting in DB with brother S.S. Rathor, to record reasons for affirming findings of acquittal recorded by the learned trial-court. Hence this judgment.

(3.) Shri Randhir Singh AAG, Punjab, appeared for the States appellant and Shri K.S. Brar, Advocate, for the respondent accused. The relevant material on record was carefully examined by us on the date of hearing of the appeal.