STATE OF PUNJAB Vs. KUNDAN SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 25.4.1988 passed by the Additional Sessions Judge, Ferozepore, by which the respondent was acquitted of the charge under Section 18 on the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act.)

(2.) The prosecution case, as unfoloded by head Constable Balbu Singh (P.W.1) is as under: - On 26.3.1986, Head Constable Balbir Singh (P.W.1 along with Constable baldev Singh P.W. 2) and other police officials, was on patrol duty and, in the area of village karahewal, the accused was apprehended on the basis of suspicion and his personal search led to the recovery of 400 grams of contraband opium wrapped in a glazed paper from the right dab of his chader, out of which s10 grams was taken out as sample and the remaining g opium was put in on Exhibit P-i were separately sealed with the seal bearing impression Bs and taken into possession, vide memo Exhibit P.A. The sent, after use, was given to Constable baldev. Singh (P.W.2). The Investigating Officer sent into Exhibit PB to the police Station, on the basis of which formal F.I.R Exhibit PB/i was recoded by S.H.O Bhupinader Singh. He also prepared rough site plan (Exhibit PC) of the place of leave cry and arrested the accused. On his return to the police station, Head Constable Balbir Singh P.W. si deposited the case properly and the sample with seals intact with Moharrier Head Constable Prem Singh on analysis, the sample was found to be of opium, by the Chemical Examiner, Bhatinda, vide his report Exhibit PD.

(3.) At the trial the prosecution examined P.W.1 Head Constable balbir Singh who is the Investigating Officer of the case and who unfoloded the prosecution version, as narrated above. He is supported by P.W.2 Constable baldev Singh, witness of recovery on all material particulars. The report (Exhibits P.D.) of the Chemical Examiner and affidavits. Exhibits P.E. and P.F of Moharri Head Constable Prem Singh and constable Jagmal Singh respectively, were tendered in evidence.