SAUDAGAR ALI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is to set aside the order dated 09.07.2018, passed by Judge, Special Court, Patiala, vide which the charge under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( for short, "NDPS Act"), was framed against the petitioner.

(2.) Brief facts of the case as set up in the FIR are that on 28.03.2018, ASI Manjit Singh, along with ASI Sukhpal Chand and other police officials were present at the Bhakhra Canal Bridge in the area of village Sidhuwal, on a patrol duty, when they received a secret information that one Saudagar Khan has sown green plants of poppy opium in the field near the residential house to extract opium from the same and to prepare the poppy husk and he is plucking the green plants of poppy opium. On this, the police party raided the field near the residential house of aforesaid Saudagar Khan, where a clean shaven person was seen carrying a heavy plastic bag on his head and on seeing the police party, he became perplexed and tried to run away. He was over powered by the police officials and then he disclosed his identity. Thereafter, by giving him a notice under Section 50 of the NDPS Act, the subsequent proceedings were initiated.

(3.) The accused was arrested and on completing investigations, report under Section 173 Cr.P.C. was submitted along with the FSL report. The trial Court, vide impugned order dated 09.07.2018 framed the charge under Section 18 of the NDPS Act, which is challenged in this petition.