STATE OF PUNJAB Vs. AVTAR SINGH

JUDGEMENT

(1.) The appellant-State has preferred the instant appeal against judgment dtd. 11/3/2003, passed by learned Judge, Special Court, Ludhiana, vide which respondent-accused Avtar Singh has been acquitted.

(2.) Factual Scenario, as per prosecution version is that on 12/11/1998, when SI Gurmail Singh along with other police officials was pesent on the bridge seepage drain in the area of village Raikot, Malkiat Singh met the police party. At about 8.30 A.M. a person carrying some weight on his back was seen coming from the side of village Littran and on seeing the police party, he got perplexed and tuned backwards. On suspicion, the said person was apprehended and he disclosed his name as Avtar Singh (accused/ respondent) being suspected of having some contraband in is possession, the accused was given offer to get his search conducted in the presence of a Gazetted Officer or a Magistrate. However, he reposed confidence in SI Gurmail Singh and accordingly the search of the bag carried by the accused on his right shoulder was conducted wherein opium wrapped in a glaze paper was found, out of which two samples of 10 grams each separated and on weighment it was found to be 4 kg 980 grams and the contraband was put into the separate plastic container.

(3.) Samples parcels and the bulk were sealed with seal of 'GS' and the seal after used was handed over to Malkiat Singh. The case property was taken in possession vide recovery memo Ex.PB. Formal FIR was registered. Rough site plan of the place of recovery was prepared. A cash amount of Rs.60.00was also recovered from the search of the accused. Accused was arrested. As per report, Ex.PK the contents of the samples were opined to be undertaken having contained meconic acid and morphine 3.125% which are the active contents of the opium, by the FSL. On completion of investigation, challan against the accused person was presented in the court, for judicial verdict.