JARNAIL SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) PETITIONER has assailed order dated 17.12.2011 passed by Special Court, Tarn Taran, whereby untraced report submitted by the State in FIR No. 11 dated 11.01.2009, under Section 18 of N.D.P.S. Act, P.S. Tarn Taran has been accepted.

(2.) PETITIONER alleged that he has no antecedent record of any criminal activity. He was beaten by respondents No. 3 and 4 on 08.08.2008 and a case bearing FIR No. 76 dated 17.08.2008 under Sections 325/326/324/323/148/149 IPC was registered against the aforesaid persons. The cross case got registered against the petitioner was ultimately dropped.

(3.) PETITIONER alleged that he was under tremendous pressure of the Police at the instance of private respondents not to pursue the aforesaid case and to compromise the issue. Keeping in view the aforesaid, a raid was conducted at his house on 01.01.2009 under the pretext of recovery of some contraband. Sarpanch and other respectables of the village also came to the spot. In the search, no incriminating thing was found. Petitioner became suspicious and over apprehensive that something may not be planted in his house, therefore, after the departure of Police he along with Sarpanch and other members of the Panchayat themselves conducted a thorough search in his house and found that a polythene bag containing opium was lying under a cow dung cake.