STATE OF PUNJAB Vs. KALI

JUDGEMENT

(1.) THIS appeal has been filed by the State of Punjab against judgment dated 9.6.1988 passed by learned Additional Sessions Judge, Ferozepur, whereby the respondent has been acquitted of the charge under Section 18 of the Narcotic and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act).

(2.) THE prosecution case is brief, is that on 12.9.1986, ASI Harcharan Singh, PW -2, along with Head Constable Sat Paul, PW -1, and other police officials, was going on the metalled road from village Karma to village Nawan Qila on patrolling. When the police party reached two furlongs short of Ilaqa Nawan Killa, it spotted the respondent coming from the opposite direction. On seeing the police party, the respondent tried to retreat his steps and took a turn to his left side towards the fields in which wheat crop was standing. On suspicion, ASI Harcharan Singh, PW -2, with the help of other police officials, apprehended the respondent and searched his person, in consequence of which, 500 grams of opium wrapped in a glazed paper was recovered from the dub and Chadar which the respondent was then wearing. This ASI of police then drew 10 grams of the recovered opium and sealed and seized the same under recovery memo, Exh. PA, attested by Head Constable Sat Paul, PW -1, H.C. Kewal Krishan PW -3 and Constable Makhan Singh, PW -4. He then sent ruqa for the institution of a case, to police station Mamdot (Distt. Ferozepur), whereupon a case was registered by Inspector Rattan Singh under formal FIR Ex. PB/1. He then also prepared a visual site plan of the place of recovery of opium. After completion of evidence and on receipt of report of the Chemical Examiner Ex. PE, the respondent was challenged and tried giving rise to the impugned judgment of acquittal.

(3.) LEARNED counsel appearing for the State of Punjab has impugned the judgment of the trial Court on the ground that the witnesses examined by the prosecution to prove the recovery of opium from the possession of the accused, have given a consistent count about the circumstances in which the contraband opium was recovered from the possession of the respondent and simply on the basis of technicalities, the trial Court should not have acquitted the respondent. However, we are unable to agree with this contention of learned counsel for the appellant. To cut short the matter, it is a case where the police has during the investigation committed breach of practically all the necessary provisions of the Act. In fact, there is hardly any provision under the Act which can be said to have been complied with by the Investigating Agency and in this situation, the law laid down by this Court in Karam Singh v. State of Punjab, 1987(1) R.C.R.(Criminal) 598, Criminal Appeal No. 557 -SB of 1986, decided on 20.3.1987 and in case reported as Bhajan Singh alias Harbhajan Singh v. State of Haryana, 1988(1) R.C.R.(Criminal) 358 : 1988 Chandigarh Criminal Cases 58, is fully applicable to the facts in the present case, thus entitling the respondent to earn acquittal on account of non -compliance of mandatory provisions of the Act.