GURMIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant was tried and convicted of the offence under Section 18 of The Narcotic Drugs and Psychotropic Substances Act, 1985(for short 'the Act') for keeping possession of 1 kg. 500 grams of opium without permit or licence in FIR No. 119 dated 21.07.1997, Police Station Dharamkot.

(2.) The version of prosecution, in brief, is that on 21.07.1997 police party headed by SI Major Singh including ASI Tara Singh of C.I.A. Staff intercepted scooter No. PIK-2663 on which three persons including the appellant were riding. Three different police parties were constituted and one was headed by ASI Tara Singh. The police party headed by ASI Tara Singh conducted search of the appellant's person resulting into the recovery. Separate searches were conducted against the other two persons by the other police parties.

(3.) After completion of investigation, challan was presented and charge was framed against the appellant. The prosecution examined ASI Tara Singh, Head Constable Major Singh and DSP Nachhattar Singh as the recovery witnesses. The prosecution story is that the DSP was sent a message to reach the spot, as the appellant had expressed desire to be searched before a Gazetted Officer.