STATE OF PUNJAB Vs. NIKKA SINGH

JUDGEMENT

(1.) AT the bridge of the drain in the area of village Dhandiwal in Sangrur district of Punjab State A.S.I. Joginder Singh found Nikka Singh accused carrying gunny bag containing ten kilogrames of poppy husks therein on his head. On being prosecuted for the recovery under section 15 of the Narcotic Drugs and. Psychotropic Substances Act, 1985 accused Nikka Singh pleaded 'not guilty' thereto and claimed to be tried. Vide its impugned judgment dated 4th May, 1988 learned trial court acquitted the accused holding that the Investigating Officer was not empowered to search and apprehend the accused and independent witnesses of the locality were not joined in the course of the search. Feeling aggrieved therefrom the State of Punjab has filed Criminal Appeal No. 562 -DBA of 1988 in this Court.

(2.) WE have heard Shri Randhir Singh, A.A.G. Pb. for the appellant State. Shri Vicas Walia, 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 : "50. Conditions under which search of persons shall be conducted. - (1) When any officer duly authorised under Section 42 is about to search any person under the provisions of Section 41, Section 42 or Section 43, he shall, if such person so requires, take such person without unnecessary delay to the nearest Gazetted Officer of any of the department mentioned in Section 42 or to the nearest Magistrate. (2) If such requisition is made, the officer may detain the person until he can bring him before the Gazetted Officer or, the Magistrate referred to in sub -Section (1). (3) The Gazetted Officer or the Magistrate before whom any such person is brought shall, if he sees no reasonable ground for search, forthwith discharge the person. but otherwise shall direct that search be made. (4) No female shall be searched by anyone excepting a female".