STATE OF PUNJAB Vs. NAHAR SINGH

JUDGEMENT

(1.) The instant appeal has been preferred by the State against the judgment dtd. 16/4/2004 passed by learned Judge, Special Court, Mansa, whereby respondents, Nahar Singh (driver) and Naib Singh (owner of truck No.RJ-20-0237), were acquitted of the charges under Ss. 15 and 25 of The Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the NDPS Act'), in FIR No.71 dtd. 2/7/2001 registered at Police Station Sardulgarh.

(2.) Mr. Lakhwinder S. Sidhu, Advocate, has entered appearance on behalf of respondent No.1 and filed his power of attorney, which is taken on record.

(3.) The case of the prosecution in brief is that on 2/7/2001, during a nakabandi near Village Ahlupur, truck No.RJ-20-0237 driven by a respondent, Nahar Singh was intercepted. On unloading, 300 bags of cement, 8 bags of poppy husk were allegedly recovered from beneath them. Samples were drawn and sealed on the spot, and the truck along with the cement and contraband was seized. The Investigating Officer, PW-2 Inspector Baljit Singh, later recorded statements of the witnesses and sent the samples of the seized contraband to the Forensic Science Laboratory (FSL) after a delay of 17 days.