STATE OF PUNJAB Vs. VIVEK SINGH @ VICKY

JUDGEMENT

(1.) The applicant, State of Punjab has filed the present application under Section 378(3) Cr.P.C. for grant of leave to appeal against the judgment dated 28.02.2019 passed by the Judge, Special Court, Fatehgarh Sahib.

(2.) Vide impugned judgment, the trial Court has acquitted the respondent of the charge under Section 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act')

(3.) As per the prosecution case, police party headed by ASI-Ram Naresh, while on patrol duty on 09.09.2013 at 11:00 p.m. spotted a clean shaven person who on seeing the police party suddenly took U-turn and thus on suspicions, he was apprehended. On inquiry, he disclosed his name as Vivek Singh @ Vicky. Before the search, he was apprised of getting his search conducted in the presence of a Gazetted Officer or a Magistrate who would have been called at the spot. The respondent showed his confidence/faith in the Investigating Officer and expressed his consent to subject himself to the personal search by the Investigating Officer. Accordingly, the consent memo was executed. On search a polythene bag was recovered from the left pocket of his trouser in which 10 pouches labelled as Phenotil containing 100 tablets each (total 1000 tablets) were recovered.