STATE OF PUNJAB Vs. THANA SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 9.5.1988 passed by the Additional Sessions Judge, Bhatinda, by which the respondent was acquitted of the charge under section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act).

(2.) The prosecution case, in brief, is as under: On 22.5.1987, a police party headed by Head Constable Gurdev Singh was going from village Dhan Singh Khana towards village Raikhana on patrol duty. When the police party reached near the turning to village Dhan Singh Khana, Gurjant Singh P.W. met them and he was associated with the police party. When the police party reached about one furlong from the tn junction towards village Raikhana, Thana Singh accused was seen coming from the opposite side. On seeing police party, the accused threw the gunny bag carried by him on his head and he ran away through the fields. Head Constable Gurdev Singh searched the gunny bag and found it to contain poppy heads. 100 grams out of it, was taken out as sample. The sample and the residue of poppy heads were separately sealed into parcels with the seal of Head Constable Gurdev Singh and taken into possession, vide memo Exhibit P.A. Head Constable Gurdev Singh sent ruqa Exhibit P .B. to Police Station, Kot Fattra, where on its basis, formal F.I.R. (Exhibit P.B.!I) was registered by S.I. Mohinder Singh. Head Constable Gurdev Singh prepared rough site plan and on return to the police station, he produced the case property before S.I. Mohinder Singh who re-sealed it with his seal M.S. and deposited it with the Moharrir Head Constable. The sample was sent to the Chemical Examiner, Patiala, who vide his report Exhibit P.D., confirmed the same to be poppy heads.

(3.) In support of its case the prosecution examined P.W. 1 Head Constable Gian Singh and P.W. 2 Head Constable Gurdev Singh. The report (Exhibit P.D.) of the Chemical Examiner, and affidavits, Exhibits P.E., P.F. and P.G. of M.H.C. Bharpur Singh, Constable Bant Singh and H.C. Gian Singh respectively, were tendered in evidence.