STATE OF PUNJAB Vs. NACHHATTAR SINGH @ BANIA

JUDGEMENT

(1.) THE State of Punjab has preferred the instant appeal against the judgment dated 23.3.2006 passed by Presiding Officer, Special Court, Sangrur by dint of which the trial court acquitted the respondent from the offence punishable under Section 15 of Narcotic Drugs and Psychotropic Substances Act (for brevity, the Act).

(2.) ACCORDING to the prosecution allegations, on 11.5.2004 the police party headed by ASI Gurmail Singh apprehended the respondent and recovered poppy husk equivalent to 62-1/2 Kg. from the pits near the bridge of canal in the area of village Roopaheri, contained in two plastic bags, upon which he was sitting. One independent witness Harjit Singh was also joined in the investigation. The contraband was sealed and taken into police possession. The respondent was arrested and thereafter on completion of usual formalities of investigations, final report was filed in the Court against the respondent for the trial.

(3.) DURING the trial, the prosecution examined as many as six official witnesses. The evidence of prosecution consists of testimonies of recovery witness PW.1 HC Jagdev Singh and PW.4 ASI Gurmail Singh, the investigating officer; and formal witnesses PW.2 Const. Gurjant Singh, PW.3 ASI Gurcharan Singh, PW.5 HC Ajaib Singh and PW.6 Inspector Sewa Singh. Besides, report of chemical examiner was tendered by the prosecution in its evidence.