STATE OF PUNJAB Vs. BANT SINGH

JUDGEMENT

(1.) This is appeal against acquittal by the State of Punjab recorded by Additional Sessions Judge, Bhatinda vide order dated 7.3.90 acquitting Bant Singh respondent of the charge under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as "the Act") framed against him in case FIR No. 74 dated 10.10.88 of PS Dyalpura district Bhatinda (Sessions Case No. 44 dated 19.5.89). Facts :-

(2.) ON 10.10.88, ASI Udik Chand of PS Dyalpura along with Head Constable Harcharan Singh, Constable Dhanna Singh and other officials of the police and C.R.P.F. laid naka near village Rajgarh on the main road (Bhadaur - Slabatpura) At about 1 PM, tractor trolley bearing number PJI 8765 being driven by Bant Singh - petitioner came from Bhadaur side. Signal was raised for stopping the tractor trolley by ASI Udik Chand as he felt suspicious about the contents thereof. Tractor trolley was accordingly stopped by Bant Singh. At the outset, ASI Udik Chand told Bant Singh that he would search the tractor trolley and that if he wanted he could be taken to some gazetted officer for the search of the tractor trolley. Thereupon, Bant Singh replied that he had absolute faith in his integrity and fair play and that he could go ahead and search tractor trolley by himself without taking him to any Gazetted Officer. ASI Udik Chand searched the tractor trolley and recovered 40 gunny bags containing poppy husk lying in the trolley. Each gunny bag was found to contain 45 kilograms of poppy husk. 100 grams of poppy husk each was taken out of each of the recovered gunny bags as sample. Those samples were made into sealed parcels. Gunny bags P1 to P40 were also made into sealed parcels. All the parcels containing poppy husk were taken into possession vide Ex.PA attested by HC Harcharan Singh and constable Dhanna Singh PWs. Ruqa Ex.PB was sent to the police station on the basis of which formal FIR Ex.PB/1 was recorded at PS Dyalpura. Rough site plan was prepared at the spot which is Ex.PC. On return to the police station ASI Udik Chand deposited all the sealed parcels containing poppy husk with seals intact with MHC Gurnaib Singh. Samples containing poppy husk were sent to the chemical examiner for chemical examination. The chemical examiner reported vide report Ex.PD that the samples were containing poppy heads. After investigation, accused was challaned under section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Shri B.S. Teji, Additional Sessions Judge, Bhatinda charged the accused under section 15 of the Act. Accused pleaded not guilty to the charge and claimed trial.

(3.) WE have heard the learned Deputy Advocate General for the State of Punjab and have gone through the record.