MEHAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision petition filed by Mehal Singh (hereinafter described as 'the petitioner') is directed against the judgment of the learned Additional Sessions Judge, Ferozepur dated 26.2.1990. By virtue of the impugned judgment, the learned trial court had accepted the appeal filed by the petitioner. The conviction and the order of sentence recorded by the learned trial court was set aside. The case was sent back to the trial court for being disposed of in accordance with law, with a direction to dispose of the case preferably within one month.

(2.) TO appreciate the question in controversy, it would be appropriate to have a grip of the facts. On 29.1.1994 Kishori Lal Police Inspector alongwith Constable Kundan Singh in the government jeep were on routine patrolling duty. The police party was proceeding from the side of Basti Tainkanwali towards Ferozepur Cantt. On the way Rajinder Singh son of Khushal Singh of Basti Tainkanwali was joined in the raiding party. When they reached near Railway Station, Ferozepur Cantt, a number of C.R.P.F. personnels including ASI Jagir Singh were going towards the Railway Station. Three persons were seen moving under suspicious circumstances. ASI Jagir Singh asked them to stop. All the three started running. Two were over-powered but the third managed to escape. One person apprehended was the petitioner. He was holding an attache case in his right hand. From the attache case, six packets of Heroin were recovered. They were weighed. Four packets were found to be of 1 Kilogram and 100 grams each. Two packets were found to be of 900 grams each. 20 grams was taken as the representative sample from each packet. The representative samples and the remaining Heroin were converted into separate parcels and sealed with the seal of 'KL'. They were taken into possession vide a recovery memo. Ruqa was sent to the police station, on basis of which formal first information report was recorded. The representative samples were subsequently sent for report of the Public Analyst. It was found to be containing morphine.

(3.) AGGRIEVED by the said order remanding the case to the trial court, the present revision petition has been filed.