STATE OF PUNJAB Vs. AJIT SINGH

JUDGEMENT

(1.) Being aggrieved by judgment dated 12.02.2005 passed by Judge Special Court, Ludhiana, in case SC No. 175 of 07.10.2000, by which the Judge Special Court, Ludhiana recorded the order of acquittal of the respondent, appellant-State of Punjab has filed the present appeal against acquittal.

(2.) In support of the appeal, Mr. Sandhu vehemently argued that the first finding recorded by the trial Court about applicability of Section 50 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (for short 'NDPS Act') is completely wrong and illegal inasmuch as there was no personal search contemplated to Section 50 of the NDPS Act and in fact, the accused was caught along with the contraband, which was in the jhola in his right hand. He cited decisions of the Supreme Court in the cases of State of Himachal Pradesh v. Pawan Kumar in Appeal (Crl.) No. 222 of 1997 and State of Rajasthan v. Bhanwar Lal, in Criminal Appeal No. 375 of 2003, both decided on 08.04.2005.

(3.) In view of the law laid down by the Apex Court about the contention as has been made by learned State counsel, I find that the trial Court clearly committed an error in holding that Section 50 of the NDPS Act applicable. Mr. Sandhu is right in his submission and therefore, the finding to that effect will have to be reversed. Accordingly, the statutory finding is reversed.