STATE OF PUNJAB Vs. UDHAM SINGH

JUDGEMENT

(1.) ON 26.4.1986, ASI Jalwant Singh (PW.2) alongwith other Police officials namely; Head Constable Dilbagh Singh (PW.1) and Constables Harbhajan Singh and Jagdeesh Singh was on patrol duty and the police party when reached near the turning of village Rajni Devi, saw the accused coming from the opposite direction. On suspicion, the accused was apprehended and on his personal search, one Kg. of Poppy husk was recovered being carried by him in a Potli. After preparing the sample of 250 gms., remaining material was put in a separate, parcel and was sealed. The sample and parcel of the remaining Poppy husk was taken into possession. Ruqa Ext. PB was sent to the Police Station on the basis of which formal F.I.R. Ext.PB/1 was recorded by SI/SHO Chand Lal. Rough site -plan Ext.PC was also prepared. After completion of the investigation, report under Section 173 Cr. was prepared by SI Mann Singh, the then SHO Police Station Sadar, Hoshiarpur and the accused was arraigned for trial.

(2.) ON framing of the charge under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to at the 'Act'), the accused denied the same and pleaded not guilty. The prosecution in support of its case examined two official witnesses namely HC Dilbagh Singh (PW.1) and ASI Jalwant Singh (PW 2) to prove the ocular version of the prosecution case regarding the arrest and recovery of the Poppy husk from the possession of the accused. Affidavits Exits. PE and PF of the police officials to prove the link evidence were also tendered in evidence. On closure of the prosecution evidence, when examined under Section 313 Cr.P.C., the accused denied all the incriminating circumstances appearing against him in which pleading innocence claimed false implication. No evidence in defence was produced.

(3.) THE trial Court acquitted the accused primarily on the ground that ASI Jalwant Singh (PW.2) was not legally authorised to investigate the case in view of non -issuance of a notification to that effect empowering him with the powers under Section 42 of the Act. For this view, the trial Court placed reliance on a judgment of this Court rendered in Criminal Appeal No. 557 -SR of 1986, titled as Karam Singh v. The State, decided on 20.3.1987, 1987(2) All India Criminal Law Reporter 795 (Pb. and Hry.). Feeling aggrieved against the order of acquittal, State came up in appeal which was admitted by a Division Bench of this Court vide orders dated 2.11.1988. The appeal is being disposed of finally vide this judgment.