STATE OF PUNJAB Vs. GURJANT SINGH

JUDGEMENT

(1.) RESPONDENT Gurjant Singh was tried by Shri S.S. Chahal, Additional Sessions Judge, Patiala under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') for keeping in his possession 2 kilos 50 grams of poppy straw. Vide impugned judgment dated 21.4.1988, the trial Court acquitted him of the charge by giving him the benefit of doubt. Being aggrieved against this judgment of the trial Court, the State of Punjab has preferred this appeal for its reversal.

(2.) THE facts of the case are that on 13.2.1987, Assistant Sub Inspector Gurnam Singh along with other police officials was going on patrol duty from Bus Stand Shatrana towards Patran. When the police party reached near the canal bridge in the revenue limits of Shatrana, the respondent was seen coming from the opposite side. He was having a bag in his hand. On seeking the police party, he tried to slip away. On suspicion, he was apprehended. On his personal search, Poppy straw was recovered from the bag. It was found to be 2 kilo 50 grams in weight. A quantity of 50 grams was separated as sample. The sample and the remaining poppy straw were separately sealed. Intimation Exhibit PB was sent to the Police Station, on the basis of which formal first information report Exhibit PB/1 was registered. On receipt of the report Exhibit PD of the Chemical Examiner, the respondent was sent up for trial. He pleaded not guilty to the charge and claimed trial. After the conclusion of the prosecution evidence, the respondent denied the prosecution allegations put to him for his explanation while recording his statement under Section 313 of Criminal Procedure Code.

(3.) IN this case, the prosecution has failed to comply with the mandatory provisions of Section 50 of the Act and, therefore, the trial of the respondent stood vitiated on that score. Section 50 of the Act reads as under :-