KASHMIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of order dated 18.9.2008 (Annexure P-2), whereby, petitioner has been summoned to face the trial in FIR No. 122 dated 10.6.2006 under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at police Station Sadar Pathankot, although, he had been acquitted of the charges framed against him on 25.10.2008 by the trial Judge.

(2.) Learned counsel for the petitioner has submitted that the petitioner had faced criminal proceedings in the FIR in question.

(3.) Petitioner was acquitted by the trial Court on 25.10.2008. A release warrant was issued by the Court in pursuance to the acquittal of the petitioner from the charges framed against him. In consequence to the said release warrant, petitioner was released from jail. However, the trial Judge died before the judgment of acquittal could be written and signed by him. The successor Judge was not competent to reopen the trial and try the petitioner again qua the same offence qua which he had already been acquitted. In support of his arguments, learned counsel has placed reliance on the judgment of this Court in Ranjit Singh vs. State of Punjab,1977 1 ILR(P&H) 801, wherein, it was held as under:-