STATE OF PUNJAB Vs. LEKH RAJ

JUDGEMENT

(1.) THE State of Punjab is aggrieved by the judgment dated 13.1.2005 passed by the Judge Special Court, Ludhiana acquitting Lekh Raj, the driver of the jeep bearing registration No RJ-13C-5137 of the offence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") for which he faced trial along with Bikram Singh and Sugreev Kumar.

(2.) ACCORDING to the prosecution case, on 22.12.2002, jeep driven by respondent was seen coming from the side of village Issewal. Besides the respondent, who was driving the jeep, it was carrying two persons namely Bikram Singh and Sugreev Kumar, who were sitting on the rear seat of the jeep and when asked to stop, these persons started picking up a brief case, which was lying on the seat and tried to hide it between their legs. The respondent and two passengers were apprehended, identified and the brief case was searched. The search led the recovery of 5 Kilograms of opium for possession whereof respondent and the passengers were challaned. On conclusion of the trial, the following plea was taken by the respondent in his statement under Section 313 Cr.P.C. :

(3.) THIS Court had issued notice to the respondent to show cause as to why leave to appeal be not granted.