STATE OF PUNJAB Vs. GURMEET SINGH

JUDGEMENT

(1.) THESE three appeals are heard together as common questions of law are involved in all these appeals.

(2.) IN Criminal Appeal No. 482-DBA of 1988, the accused Gurmeet Singh stood trial under Section 15 read with Section 8(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 for being found in possession of 250 grams of poppy husk on 7.4.86 in the area of village Kularh. He was apprehended by police party headed by A.S.I. Amarjit Singh and two constables while they were on usual petrol duty. The accused was tried before the learned Additional Sessions Judge, Ludhiana who was pleased to acquit him, firstly, on the ground that the Officer who detained the accused was not empowered to conduct search and seizure of the contraband article. The second ground was that the investigation was not in accordance with the provisions of Chapter V of the Act.

(3.) CRIMINAL Appeal No. 584-DBA of 1988 arose out of order of acquittal passed by learned Additional Sessions Judge, Barnala on 4.6.88. Here again the accused Jagtar Singh had been sent up for trial for offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for having in his possession 6 kilograms of poppy husk without any licence or permit. He was arrested by S.I. Harpal Singh in the presence of Head Constable Jalvinder Singh on 31.10.86. The learned Additional Sessions Judge held that the Officer conducting the search and effecting seizure of the article was not empowered at the relevant time to do so. Moreover, he found that the mandatory provisions of Section 50 of the said Act having not been complied with, the accused was entitled to acquittal, Consequently, the learned Additional Sessions Judge was pleased to acquit the accused person.