STATE OF PUNJAB Vs. KULWANT SINGH

JUDGEMENT

(1.) THIS is an appeal against the judgment of the learned Additional Sessions Judge, Ferozepur dated 2.5.1990 vide which he had acquitted the respondent Kulwant Singh who was charged under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called the NDPS Act).

(2.) THE prosecution case in brief is that on 21.5.1988, A.S.I. Baldev Raj along with Head Constable Harbans Lal and other police officials was going from Balluana to Chanan Khera on patrol duty. When the police party reached the link road in the revenue limits of Chanan Khera, the accused (respondent in this appeal, hereinafter referred to as the 'respondent'), was spotted and apprehended due to suspicion. A.S.I. Baldev Raj asked the respondent as to whether he wanted to get his search effected in the presence of a Gazetted Officer or the Magistrate, but he declined the offer and memo Ex. PE was prepared in this regard which was thumb marked by the respondent. A.S.I. Baldev Raj then carried out the search of the respondent and recovered one kilogram of opium from this possession which he was carrying in a bag in his right hand. 10 grams of opium was separated as sample and was made into a parcel. The remaining bulk of the opium was also made into a parcel. Both the parcels were sealed by A.S.I. Baldev Raj with his seal bearing initials 'BR' and were taken into possession vide memo Ex. PA. Ruqa Ex. PC was sent to the police station on the basis of which formal FIR Ex. PC/1 was recorded by A.S.I. Balwant Singh. Rough site plan Ex. PD was prepared. On return to the police station, the case property along with the sample was produced before S.I. Manohar Singh, Incharge of the police station who affixed his seal on the case property.

(3.) IN order to prove its case against the respondent, prosecution examined P.W.1. Inspector Manohar Singh, P.W. 2 A.S.I. Baldev Raj and P.W. 3 A.S.I. Harbans Lal. Report of the Chemical Examiner Ex. PF was tendered into evidence by the Public Prosecutor.