STATE OF HARYANA Vs. JAGRAJ SINGH

JUDGEMENT

(1.) THE aforesaid Criminal Miscellaneous Application has been filed by the State, under Section 378(3) of the Code of the Code of Criminal Procedure (amended up to date) seeking leave of the Court to file an appeal against the judgment of acquittal dated 15.02.2008, rendered by the Special Judge, Sirsa.

(2.) THE facts, in brief, are that 26.05.2006, at about 6.15 PM, a Police party headed by Arun Kumar, Sub Inspector of Police Station Odhan, was present, on the road, leading from village Jandwala to Rajpura, for patrolling and detection of crime. In the meanwhile, a motorcycle was seen coming. The rider thereof, tried to reverse the same with a view to escape. However, the rider and the pillion rider were apprehended, along with the motorcycle. Jagraj Singh, accused, was driving the motorcycle, and Gurpreet Singh was the pillion rider thereof. The Investigating Officer suspected that they were carrying some contraband. The search of the accused, was conducted in accordance with the provisions of law, as a result whereof, 200 grams opium milk, from the person of Jagraj Singh and 100 grams opium milk, from the person of Gurpreet Singh, were recovered. Two samples of 10 grams each, from the opium milk, recovered from the accused-respondents, were taken out and the remaining opium milk was put into separate containers. The samples and the containers, containing the remaining opium milk, were converted into parcels, duly sealed, and taken into possession, vide a separate recovery memo. The motorcycle was also taken into possession, vide a separate recovery memo. Ruqa was sent to the Police Station, on the basis whereof, the FIR was recorded, against the accusedrespondents. The site plan was prepared. The accused were arrested. The statements of the witnesses were recorded. After the completion of investigation, the accused were challaned.

(3.) THE prosecution, in support of its case, examined Inderjeet, H.C., (PW-1), Tajinder Singh, C., (PW-2), Arun Kumar, S.I., (PW-3), Kuldeep Kumar, EHC, (PW-4), Mahinder Singh, HC, (PW-5), and Vinod Kumar, Inspector, ( PW6 ). Thereafter, the Public Prosecutor for the State, closed the prosecution evidence.