Criminal Appeal No. 387-DBA of 2000 -1- *** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Appeal No. 387-DBA of 2000 Date of decision : 26.5.2008 State of Punjab .....Appellant Versus Paramjit Singh and others ...Respondents **** CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE S. D. ANAND **** Present: Mr. D.S. Brar, Deputy Advocate General, Punjab Mr. Arvind Moudgil, Advocate as Amicus Curiae. S. D. ANAND, J. The respondents-accused were tried for an offence under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 on a charge that they were found carrying 40 Kgs. Of poppy husk in a Maruti Car when they were apprehended by the police party headed by SI Balraj Singh on 11.4.1995. The respondents having opted for the search to be conducted in the presence of a Gezetted Officer, the services of D.S.P. Ajit Singh were requisitioned and the search was conducted in his presence. The usual formalities were complied with and the respondents were challaned in due course. Learned Trial Judge did not rely upon the prosecution Criminal Appeal No. 387-DBA of 2000 -2- *** presentation by noticing that independent witness had not been examined. There was want of evidence to prove that the case property and the accused had been produced by the Investigating Officer before the Station House Officer of the area in which the recovery had been effected. We find, on perusal of the record, that the view obtained by the learned Trial Judge is relatable to the evidence available on record. There is nothing perverse in the line of reasoning adopted by the learned Trial Judge. We do not find it to be a case requiring interference. Dismissed. ( S. D. ANAND ) JUDGE May 26, 2008 (ADARSH KUMAR GOEL) Pka JUDGE