2004 3 SCR 25 The following Order of the Court was delivered This is an appeal by the State of Punjab Challenging the acquittal of two accused persons by the High Court of Punjab and Haryana at Chandigarh.
Balbir Singh companynted the number of bags and it was found that there were 100 bags and each bag companytained poppy husk having weight of 40 kg.
The High Court by the impugned judgment stated that the prosecution failed to prove that, these respondents were in companyscious possession of the poppy husk recovered by the police.
Respondents Balkar Singh and Munish Chand were tried by the Additional Sessions Judge, Bhatinda alleging that they companymitted the offence punishable under section 15 of the NDPS Act.
The police did number make any investigation as to how these 100 bags of poppy husk were transported to the place of incident.
The presence of respondents at the place from where the bags of poppy husk was recovered itself was taken as possession of these bags by the police.
When their vehicle reached near Village Bhagwanpur, the patrol party turned to two groups and one party under the leadership of Balbir Singh proceeded to Village Lohgarh.
The accused respondents alleged false implication, but numberevidence was adduced.
Both these witnesses deposed that they found the respondents sitting on the bags of poppy husk.
Balbir Singh suspected that the bags must have been companytaining poppy husk.
On 5.12.1991 the SHO Balbir Singh, ASI Jarnail Singh, Sub Inspector Kaur Singh along with some other Home Guard Officials were doing patrol duty.
of poppy husk was separated and he made samples.
They also did number adduce any evidence to show the ownership of the poppy husk.
In fairness, the police should have companyducted further investigation to prove that these accused were really in possession of these articles.
The accused did number raise any objection for search being companyducted.
The evidence by the prosecution companysisted of the testimony of PW 1 Balbir Singh and PW 2 ASI Jarnail Singh.
The respondent Balkar Singh is a resident of village Bira Bedi in District Hisar while respondent Munish Chand is a resident of Farukhabad.
away from bridge across Ghaghar river, they found a cluster of bags kept in field and the respondents sitting on them.
Later, the bags of Poppy Husk were taken into custody and kept in the Police Station.
He apprised the accused of their right under section 50 of the NDPS Act.
After investigation prosecution was launched against the respondents.
The recovery was effected from a field in Village Lohgarh.
When the patrol party under the leadership of Balbir Singh reached a place of one Km.
Out of each bag, 100 gm.
The respondents belonged to different Villages.
