U T CHANDIGARH Vs. SUBHASH CHANDER

JUDGEMENT

(1.) This is criminal revision directed against the order dated 14.5.1987 passed by Sessions Judge, Chandigarh whereby he discharged the accused-respondent in case FIR No. 71 dated 6.2.1987 of Police Station Central, Chandigarh under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as the Act).

(2.) Prosecution case in brief is that on 6.2.1987 at abut 2.00 PM, S.I. Jarnail Singh of CIA Staff along with HC Pirthi Singh, constable Balwinder Singh and others was present at the back of Neelam Cinema near local bus stop, Section 17, Chandigarh in connection with patrolling and detection of crime. Devinder Singh PW came there. S.I. Jarnail Singh started talking to him. In the meantime Subhash Chander accused was spotted coming with a raxin hand bag in his right hand from the side of Neelam Cinema. At the sight of the police party Subhash Chander became nervous. It aroused suspicion in the mind of S.I. Jarnail Singh. He accordingly intercepted the accused and subjected him to personal search. On the personal search of the accused charas weighing 1,000 grams was recovered. Out of recovered charas 20 grams was taken out as sample. Sample charas was made into a parcel which was sealed with the seal of S.I. Jarnail Singh bearing impression JS. Similarly the remaining charas was made into a parcel, sealed with seal bearing impression JS. S.I. Jarnail Singh drafted ruqa and sent that ruqa per constable Balwinder Singh to Police Station Central, Chandigarh, on the basis of which case was registered. S.I. Jarnail Singh took other steps in the investigation of the case at the spot. On return to the Police Station, he deposited the sealed parcels containing charas with MHC. Sealed parcels containing charas was sent to the Forensic Science Laboratory where the same was analysed by the Assistant Chemical Examiner who found the same to be charas. After investigation, accused was challaned under Section 20 of the Act.

(3.) Case was committed to the Court of Sessions by the Chief Judicial Magistrate, Chandigarh.