State of Punjab vs Nachhattaro .

S.S. Grewal, J.

This appeal is directed against the order of Additional Sessions Judge, Patiala, dated 23rd April, 1988, whereby the present respondent was acquitted under section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) for keeping in her possession 15 kgs. of poppy straw.

In brief facts of the prosecution case are that on 9.1.1987, S.I Kuldip Singh along with HC Jaswinder Singh and other officials was on patrol duty. As they reached the canal minor in the revenue limits of village Bijalpur the respondent was seen coming from the opposite direction. On seeing the police party she tried to slip away. On suspicion she was apprehended and from her personal search 15 Kgs. of poppy straw was recovered from the trunk which she was carrying on her head. 250 grams of poppy straw was drawn as sample. The sample and the remaining poppy straw were put into separate parcels and sealed. After completion of the investigation and receipt of the report of the Chemical Examiner, the respondent was challaned, tried and acquitted, as stated earlier.

The learned counsel for the parties were heard.

The argument advanced on behalf of the learned State counsel that the learned trial Court has erred in disbelieving the two police officials and acquitting the respondent, is without any merit. Under subsection (4) of Section 50 of the Act, it was obligatory that no female shall be searched by any one excepting a female. In the instant case, this provision which is meant for protecting the rights of a woman suspect against overjealous police officials has been set at naught by S.I Kuldip Singh. Since the recovery, in the instant case, is from personal search of the respondent, it was essential that the search should have been conducted by a female police official. In view of this infirmity no reliance can be placed on the testimony of the two official witnesses concerning the meagre recovery of 15 Kgs. of poppy straw from the possession of the respondent.

Apart from that the link evidence in the instant case is also incomplete. Verification on the affidavits of Ram Lal AMHC, Mahavir Singh MHC and Constable Darshan Singh is defective, inasmuch as none of these officials stated in the verification as to which part of their affidavits is based on personal knowledge and which part thereof is based on information and belief. Thus it cannot be reasonably inferred that the sample allegedly sent in this case contained poppy straw.

For the foregoing reasons, we are of the considered view that there is no merit in this appeal and the same is hereby dismissed.