STATE OF HARYANA Vs. KARNAIL SINGH

JUDGEMENT

(1.) Petitioner's learned counsel contends that on 1-12-1995 respondent was apprehended in the area of Jalbera bridge District Kurukshetra. Option was given to the respondent to be searched either before a Gazetted Officer or Magistrate. Since he opted to be searched before a Gazetted Officer, he was produced before the Deputy Superintendent of Police, Pehowa and in his presence, personal search of the respondent was taken. Respondent was found in possession of 15 Kgs. of poppy husk. After recovery of this contraband, consequent investigation was conducted and after receiving the opinion of the Public Analyst, charge-sheet was filed against the respondent in the Court.

(2.) The Additional Sessions Judge, Kurukshetra summoned the accused and after hearing the arguments, discharged the respondent vide impugned order dated 15-11-1996.

(3.) The learned counsel submits that the order is against law and facts as the trial Court has failed to appreciate the documents produced by the prosecution; no opportunity was given to adduce documentary or oral evidence; the prosecution should have been given an opportunity to prove due compliance of the mandatory provisions of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Hence, the impugned order has resulted in grave miscarriage of justice.