STATE OF HARYANA Vs. PARMINDER SINGH ALIAS PAMMA

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 14.12.2007, rendered by the Judge, Special Court, Karnal.

(2.) THE facts, in brief, are that on 26.05.2005, Didar Singh, ASI, along with other Police officials was going towards village Gagsina from village Bal Pabana on motorcycles for crime detection, and when they reached canal bridge WJC, Gagsina, a person was seen coming, from the said village, on foot, carrying a yellow plastic bag, on his head, who on seeing them, at once, turned towards his right side and tried to escape. On suspicion, he was apprehended. On interrogation, he disclosued his name as Parminder Singh alias Pamma son of Shabeg Singh, Jat Sikh, resident of Pundri District Kaithal. On checking the bag, the same was found containing 15 Kgs poppy husk. Two samples of 200 grams each, from the bag, were taken out and the remaining poppy husk was kept in the same bag. The samples and the bag, containing the remaining poppy husk, were converted into parcels, duly sealed, and 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 accused- respondent. The site plan was prepared. The accused was arrested. The statements of the witnesses, were recorded. After the completion of investigation, the accused was challaned.

(3.) THE prosecution, in support of its case, examined Lakhi Ram,C., (PW-1), Suresh Kumar, H.C., (PW-2), Ramesh Chander, EHC, (PW-3), Ajmer Singh, EHC, (PW-4), Om Parkash, ASI, (PW-5), Sandeep Singh, SI, (PW-6), Jagdish Singh, ASI, (PW-7), Didar Singh, ASI (PW-8) and and Subhash Chand, Inspector, (PW-9) wrongly numbered as PW-8). Thereafter, the Public Prosecutor for the State, closed the prosecution evidence.