U T , CHANDIGARH Vs. RAJ KISHORE ALIAS PAPPI

JUDGEMENT

(1.) This is criminal revision filed by Union Territory, Chandigarh against the order dated 30.4.1987 passed by the learned Sessions Judge, Chandigarh discharging Raj Kishore alias Pappi-respondent of the offence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered against him at Police Station Central, Chandigarh .vide FIR No. 226 dated 11.5.1986.

(2.) The prosecution case briefly stated is that on 11.5.1986 at about 1.30 PM Gurdip Singh ASI accompanied by Constable Surinder Singh No. 1652 and Constable Charanjit Singh No. 1054 was present near Neelam Cinema in the market of Sector 17, Chandigarh in connection with checking of smugglers etc. Accused was sighted coming carrying in his hand Khakhi Jhola from the side of General Bus Stand, Chandigarh. At the sight of the police party, he hurriedly turned back. It aroused suspicion in the mind of ASI Gurdip Singh. He accordingly apprehended him. For the search of that Khakhi Jhola, poppy husk weighing 4 kgs. was recovered. Out of the recovered poppy husk 50 grams of poppy husk was taken out as sample. Sample poppy husk was sealed into a parcel. Similarly remaining poppy husk was also sealed into a separate parcel. ASI Gurdip Singh sent ruqa to the Police Station Central for registration of case, on the basis of which case FIR No. 226 dated 11.5.1986 was registered under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Central Chandigarh, though case should have been registered under Section 15 of the said Act. Sample poppy husk was sent to the Chemical Examiner who found that the sample contained "poppy husk". After investigation, accused was challaned under Section 18 of the Narcotic Drugs and Pyschotropic Substances Act, 1985.

(3.) Case was committed to the Court of Session by Shri R.C. Gupta, the then Chief Judicial Magistrate, Chandigarh vide order dated 15.4.1987.