Judgment

Dr. Arijit Pasayat, J. —

1.Challenge in this appeal is to the Judgment of the learned Single Judge of the Punjab and Haryana High Court, directing acquittal of the respondent (hereinafter referred to as the ‘accused’). The respondent was found guilty of offence punishable under Section 17 of the Narcotic Drugs Psychotropic Substance Act, 1985 (in short ‘NDPS Act’) by learned Additional Sessions Judge III, Hissar. He found the accused guilty of the offence punishable under Section 17 of the Act and was sentenced to undergo imprisonment for 10 years.

2.Background facts giving rise to the trial are as follows :

On 3.1.1988, Ishwar Singh, Sub Inspector along with ASI Ram Kishan and 3 Constables was present at platform No.3 near Railway bridge. At about 8.30 p.m. one train came from the side of Sadalpur, Chandgi Ram PW was also with the police party at that time. Accused Mai Ram alighted from that train and started walking towards the engine. He was carrying one bag (Ex.P1) in his right hand. On suspicion, he was stopped. First of all, the Sub Inspector served him with a notice Ex. PA and told him that he (S.I.) suspected that he (accused) was carrying some contraband article like