PALVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) PALVI wife of Prag Raj, resident of House No. 1069, Sector, 15, Panchkula has moved the present petition under Section 482 of the code of Criminal Procedure challenging F.I.R. No. 215 of 22.10.1990 of Police Station, Panchkula registered under Section IS of the Narcotic Drugs and Psychotropic substances Act, 1985. Briefly, the story of the prosecution is that there was a suspicion against Nirmala Devi wife of late Tarsem Lal that she possessed opium weighing 15 Kg. The Ambala Police headed by Sub-Inspector, Dhian Singh raid the premises in question at Panchkula on 22.10.1990. Besides Nirmala Devi wife of late Tarsem Lal it appears that PALVI daughter-in-law the present petitioner was also arrested and it has been alleged that opium was recovered at the instance of the petitioner from underneath of back side of Driver s eat in truck No. HNQ 4191. There were other off shoots of his case inasmuch as Prag Raj, the husband of the present petitioner and one Harvinder Pal who were accused in a connected case were not released by the Police despite the order of bail and the order dated 17.5.1991 (Annexure P-3) shows that Shri Dhian Singh was proceeded against for unlawful detention etc. despite the order of bail. Here the main plea challenging the prosecution of the present petitioner is that according to the report of Chemical Examiner dated 3.2.1992 (Annexure P-) which relates to this F.I.R. No. 215 of 1990, the contents were not opium. The relevant part of the report is reproduced as under: