STATE OF PUNJAB Vs. SATNAM SINGH

JUDGEMENT

(1.) THE State of Punjab has filed this appeal against acquittal of the Respondent Satnam Singh in case FIR No. 407 dated 18.12.1984 under Section 9(1) of the Opium Act, 1878 (hereinafter referred as 'the Act') registered at Police Station Nawanshahr.

(2.) THE alleged occurrence in this case took place on 18.12.1984. As per the prosecution, on that date, Inspector Swaran Singh received secret information that accused Satnam Singh was in possession of poppy husk and if raid is conducted, the same could be recovered from him. After registration of formal FIR, the police party proceeded to the place of occurrence. No independent witness was associated. The accused was seen placing chaff (Tandas) in the fields and on seeing the police party, he allegedly ran away. He was alleged to be identified by Inspector Swaran Singh as he was known to him being a bad character of Police Station Nawanshahr. On search of the Tandas, 123 bags of poppy husk were recovered. Recovery memo of the contraband, rough site plan were prepared and statements of the witnesses were recorded. After investigation, the challan was filed in the Court.

(3.) IN his statement under Section 313 Cr.P.C., the Respondent denied all the allegations and pleaded that nothing was recovered from his possession. He further pleaded that the alleged place of occurrence neither belongs to him nor he was in possession of the same. In support of his plea, he placed on record copy of Jamabandi as Ex. DA in his defence.