STATE OF PUNJAB Vs. JUGRAJ SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgement dated May 24,1988, passed by the Sessions Judge, Sangrur by which Jugraj Singh, Respondent has been acquitted of the charge under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act).

(2.) THE case of the prosecution is as under: On July 4,1997 H.C. Harbhajan Singh was holding a Naka on the Drain Bridge in the area of village Chotian. The respondent was seen by the police party coming from the side of village Chotian carrying a gunny bag on his head. On seeing the police party the respondent tried to turn back, but H.C. Harbhajan Singh stopped him and on suspicion he was apprehended by the Head Constable. On his personal search, poppy husk weighing 20 kgs. was recovered from the gunny bag, out of which a sample of 250 gms. was taken out and was sealed in a packet, while the remaining poppy husk, was put in the same gunniy bag and was also sealed. Both the sample and the remaining poppy husk, Ex.P.1, were taken into possession vide memo Ex.PA which was attested by H.C. Lakhwinder Singh (P.W.1) Rupa Ex.PB was sent to Police Station Moonak, on the basis of which formal F.I.R. Ex.PB/1 was recorded by S.I. Shiv Kumar Site plan, Ex.P.C. showing the place of recovery was prepared. The case property was deposited with Moharrir Head Constable with seals intact. The sample of poppy husk recovered from the respondent was sent to the Chemical Examiner, who vide his report Ex.PD reported that the contents of the sample constituted poppy heads.

(3.) THE learned Sessions Judge acquitted the accused -respondent on twin grounds (1) that the officer who had detained the accused was not empowered to conduct the search and seizure of the contraband article and (ii) that the investigation was not conducted in accordance with the provisions of Chapter V of the Act.