STATE OF PUNJAB Vs. MANGAL RAM @ ARUN

JUDGEMENT

(1.) This application has been filed by the State under Section 378(3) Cr.P.C. for grant of leave to appeal against the judgment dated 12. 2.2019 passed by the learned Judge Special Court, Amritsar, vide which respondent Mangal Ram @ Arun, was acquitted of the charge under Sections 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act' for short) in FIR No. 80 dated 25.5.2015, registered at Police Station 'C' Division, Amritsar.

(2.) As per the case of the prosecution, on 25.5.2015, SI Palwinder Singh along with other police officials was on patrolling duty. They received a secret information that Mangal Ram @ Arun, had been selling and supplying 'Charas' at a large scale and he would be coming on foot from Tarn Taran road towards graveyards of Mai Jeevan and if a naka was laid, he could be caught red handed. The police party started checking the spot and after 10-15 minutes, a young man carrying a black coloured bag on his left shoulder, was seen coming on foot from the side of Tarn Taran road. On seeing the police party, he tried to turn back, but was apprehended. On asking, he disclosed his name as Mangal Ram @ Arun. SI Palwinder Singh disclosed his identity and rank to the respondent and informed him that they suspected him to be carrying some intoxicant substance. The Investigating Officer had also apprised him of his right to be searched before a Gazetted Officer or a Magistrate. The respondent did not repose confidence in the Investigation Officer. Accordingly, on his wish, a Gazetted Officer, namely, Mrs. Jaswant Kaur, PPS, ACP, Amritsar, was called at the spot and personal search of the respondent was conducted in her presence. From the black coloured bag carried by the respondent, 'Charas' wrapped in a polythene bag was recovered. Out of the same, a sample of 20 grams was separated and the same was put into a separate plastic container. The remaining 'Charas', on weighment, came to be 480 grams, which was also put in a separate plastic container. Both the samples and the bulk parcels were sealed bearing seal impression 'PS' and 'JK'. Accordingly, the FIR in question was registered. On receipt of chemical examiner's report and after completing the other requisite formalities, challan was presented.

(3.) Since the respondent was found in conscious possession of 6 kgs. of 'Charas' without any permit or licence, charge under Section 20 of the NDPS Act was framed against him to which he pleaded not guilty and claimed trial.