STATE OF PUNJAB Vs. SARWAN KUMAR @ LABHU

JUDGEMENT

(1.) The present appeal has been filed against the judgment of the trial Court dtd. 26/9/2019, vide which the respondent had been acquitted in case bearing FIR No.215 dtd. 22/12/2013, registered under Ss. 22 of the NDPS Act at Police Station Kotwali, Kapurthala.

(2.) The brief facts emanating from the pleadings of the case are that the accused, Sarwan Kumar @ Labhu, was apprehended during routine patrolling in the area of village Nawan Pind Bhathe, Police Station Kotwali, Kapurthala, when he allegedly tried to flee upon seeing the police. On enquiry, he disclosed his name as Sarwan Singh @ Labhu. After his detention, a consent memo was prepared, and a personal search was conducted, which resulted in the recovery of the intoxicant substance from the right pocket of his trousers, i.e. 250 grams on 22/12/2013. Thereafter, two sample parcels of 05/05 grams each were separated, and the remaining intoxicant substance was weighed into 240 grams. All three parcels, two of 05/05 grams each and third of 240 grams, were sealed with a seal bearing GS, and accordingly Form-29M was also prepared. After use, the seal was handed over to HC Kuldeep Singh, and Ruqa was sent through HC Jagjit Singh. Thereafter, the accused and the case property were produced before the concerned SHO of the Police Station and then, before the learned Magistrate. Accordingly, a challan was presented on completion of the necessary formalities of that recovery and receipt of report of the chemical examiner. A prima facie case under Sec. 22 of the NDPS Act, 1985 was made out, and charges were framed accordingly on 29/10/2014.

(3.) The perusal of impugned judgment reveals that prosecution examined six witnesses, and subsequently, the Additional Public Prosecutor closed the prosecution's evidence. However, the accused did not lead any defence evidence and closed his case. The statement of accused was recorded in consonance with the spirit of Sec. 313 Cr. P.C. He took the plea of denial of allegations levelled against him by the prosecution and pleaded his innocence in the present case.