STATE OF PUNJAB Vs. MOHINDER PAL

JUDGEMENT

(1.) Briefly stated, facts of the case as per the prosecution story are that on 29.12.1998, a Police Party from Police Station Raikot, headed by SI Gurmail Singh, while being present on bridge of canal minor in the area of village Noorpur, to nab the drug peddlers on the basis of secret information received, had apprehended accused Mohinder Pal and on conducting a search, a plastic bag being carried by him in his hand, was found to contain 12 kgs of opium. Samples were drawn there from, which were converted into parcels. Bulk and sample parcels were duly sealed and taken into possession. The accused was arrested in this case. On return to the Police Station, the accused was put in the lock up and case property was deposited with the MHC. Sample parcels were sent to Forensic Science Laboratory Punjab, Chandigarh, and when report Exhibit PX was received that the sample contained meconic acid and morphine to the extent of 3.75% which are active contents of the opium, challan was prepared against such accused and filed in the Court.

(2.) After completing necessary formalities of supplying copies of documents to the accused free of cost, under Section 207 Cr.P.C., finding a prima facie case charge for offence under Section 18 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred to as 'the NDPS Act') was framed against the accused, to which he pleaded not guilty and claimed trial.

(3.) During the course of prosecution evidence, it examined Constable Vinod Kumar No. 759, Jagraon as PW-1, Constable Sukhdev Singh as PW-2, SI Gurmail Singh as PW-3, SI Jasbir Singh as PW-4, HC Kewal Singh as PW-5, Mr. Paramjit Singh Goraya, DSP Dakha as PW-6 and thereafter the prosecution evidence was closed.