STATE OF PUNJAB Vs. MOHINDER SINGH

JUDGEMENT

(1.) The State has preferred this appeal against acquittal of the respondent of the charge under Ss. 18 of the NDPS Act, 1985 (for short, "the Act"),. Case of the prosecution is that on 04.04.1989 at 6.30 P.M., ASI Skattar Singh apprehended the respondent in Village Rampur and found him in possession of 3 kg. of opium wrapped in glazed paper and concealed in an old towel. After completing the investigation and receipt of report from the Chemical Examiner, the accused was challaned. The accused denied the charge and claimed trial.

(2.) Prosecution examined HC Darshan Singh, PW -1, SI Sant Kumar, PW -2, HC Malkiat Singh, PW -3, Constable Chaman Lal, PW -4 and SI Skattar Singh as PW -5.

(3.) The accused took the plea that he had a dispute with his wife on account of which, he was called by the police and falsely implicated in the case. He stated that no recovery was effected from him. He examined Bachan Singh, Lamberdar, DW -1.