STATE OF PUNJAB Vs. SUBA SINGH

JUDGEMENT

(1.) AROUND the Som Nala area of City Faridkot S.O. Mohinder Singh of C.I.A., Staff at Faridkot found Suba Singh carrying 2 kgs. of contraband opium wrapped in a glazed paper and placed in a while fertilizer bag at 2.10 P.M. on November 1, 1986. On being prosecuted for the recovery under section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 accused Suba Singh pleaded 'not guilty' thereto and claimed to be tried. Vide its judgment dated 14th March, 1988 learned trial court acquitted the accused holding that the Investigating Officer had not given to the accused any notice before conducting his search that he can be searched by a gazetted officer if he so desires and, therefore, the provisions of section 50 of the Act ibid had been violated. Feeling aggrieved therefrom the State of Punjab has filed Criminal Appeal No. 533 -DBA of 1988 in this Court.

(2.) WE have heard Shri Randhir Singh, A.A.G. Punjab for the appellant State, Shri G.S. Doad, Advocate, for the respondent and have perused the entire relevant material on record very carefully.

(3.) RELEVANT section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 reads : -