STATE OF PUNJAB Vs. OM PRAKASH

JUDGEMENT

(1.) Om Prakash, son of Budh Ram, who faced trial before the Addl. Sessions Judge Faridkot in Sessions Case No. 10 of 3-3-1990 on a charge under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act) was acquitted by the learned Addl. Sessions Judge, aggrieved by which the State of Punjab has come forward with this appeal.

(2.) According to the prosecution, ASI-Darshan Singh (P.W. 1) along with Head Constable-Ajaib Singh (P.W. 1) and other officials of Police Station Sadar, Muktsar, was returning from Ramgarh Chunga, Madrassa, to the police station after patrolling the village Chak Madrassa Bamgarh Chunga on 2-9-1988. When they reached near the Sem Nala, accused-Om Prakash was seen coming from the side of the Madrassa, and on seeing the police jeep, he immediately sat down towards his left side as if he was urinating. On suspicion, ASI-Darshan Singh with the help of the accompanying officials, caught hold of him and enquired him ASI-Darshan Singh informed him that he was to conduct his personal search and asked if he was desirous of having his personal search conducted in the presence of a magistrate or a gazetted officer. Accused told that he would have the search conducted by ASI-Darshan Singh. Accordingly, the statement of Om Prakash was prepared which was attested by the other officials. Thereafter, ASI-Darshan Singh searched him and found opium wrapped in a glazed paper which was recovered from the bag which the accused was holding in his left hand. 10 gms. of opium was taken out as sample and was put in a match box. The remaining opium weighed 990 grammes, which was put in a tin box. The sample and the remainder were sealed and both the parcels, together with the bag, were taken into possession under memo. A Ruga was sent to the police station for registering the FIR. During trial, Head Constable-Ajaib Singh was examined as P.W. 1 and Darshan Singh ASI was examined as P.W. 2. The prosecution also tendered into evidence the affidavits of Constable-Harpal Singh and M.H.C. - Paramjit Singh, and also the report of the Chemical Examiner (Ex. PC) as per which the sample seized was found to be opium.

(3.) The accused in his statement under Section 313, Cr. P.C., denied the allegations and pleaded false implication. He did not lead any evidence. Taking into consideration all the materials placed before him, the learned Addl. Sessions Judge gave the accused benefit of doubt and acquitted him.