IMPORTANT POINT
Words "search any person" appearing in section 50 of NDPS Act would have to be construed as being applicable to a search made of any building, conveyance or place.

JUDGMENT

V.K. Bali, J. - The State of Punjab, being aggrieved of the judgment of acquittal recorded by the Additional Sessions Judge, Faridkot, dated September 15, 1990, whereby all accused, namely, Jang Singh, Talok Singh and Sukhpal Singh were acquitted of the charge framed against them under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, has filed the present appeal with an obvious prayer to set aside the judgment aforesaid passed by the learned Additional Sessions Judge and convict all the accused in accordance with law. The accused were found in possession of 60 gunny bags of poppy husk, each containing 40 kgs when the police party on patrol had found the accused carrying the quantity of the poppy husk, as mentioned above, in a tractor-trolley on September 5, 1988 at 8.45 p.m. Prithi Singh, ASI, who was leading the patrol party, addressed a letter to the Station House Officer, Police Station, Bagha Purana on the same day, on the basis of which FIR against the accused came to be recorded. It is recited in the letter aforesaid that on September 5, 1988, ASI alongwith Kashmir Singh ASI, Fauja Singh, ASI Puran Singh, HC No. 501, Gurcharan Singh, C. No. 366 and Baltej Singh C No. 739 was proceeding towards village Bhekha from village Langeana Purana on metalled road in connection with patrol duty in a government jeep bearing No. PUU 1883 driven by Sant Singh, C. No. 1420 and when they had reached near bridge of canal minor, a tractor bearing registration No. PBC - 1743 came from the opposite side behind which a trolley was joined and bags were loaded. On seeing the police jeep, the driver of the tractor at once stopped it on getting nervous. On suspicion, he, with the help of other police officials, stopped the jeep and surrounded the tractor trolley. The driver of the tractor and one of the two persons sitting on the gunny bags loaded in the trolley, were over-powered but the 2nd person fled away. On enquiry, driver of the tractor disclosed his name as Jang Singh son of Malkiat Singh resident of Bagha Purana and the person sitting on the gunny bags loaded in the trolley, who was over-powered, disclosed his name as Tarlok Singh @ Koka son of Santa Singh, resident of Bagha Purana. The ASI identified the person, who had fled away from the spot as Sukhpal singh @ Goga son of Malkiat Singh resident of Bagha Purana whom he knew earlier. Before conducting the personal search, witness from the public was tried to be joined but no body was available and therefore, the ASI conducted search of the bags loaded in the tractor-trolley. From search, 60 gunny bags containing poopy husk were recovered. On weighing, the said gunny bags were found to be of 40 kgs. each and 250 grams of poppy husk was taken out as sample from each recovered bag. Thereafter, the ASI sealed the bags and samples with his seal, which, after use, was handed over to Kashmir Singh, ASI. The bags, samples and tractor-trolley were taken into possession vide separate memos.

2. The prosecution, with a view to bring home the offence against the accused, examined Kashmir Singh, ASI as P.W. 1, Prithi Singh, SI as P.W. 2, Inspector Joginder Kaur, SHO, P.s. Sadar Ferozepur, as P.W. 3 and tendered some documents and affidavits on records of the case.

3. The accused, when examined under Section 313 of the Code of Criminal Procedure, stated that they had been falsely implicated in this case. After resultant trial, as mentioned above, accused were acquitted of the charge framed against them. The learned trial Judge recorded a finding of acquittal on various grounds inclusive or that no independent witness had been joined as also that there was non-compliance of Section 50, 55 and 57 of the 1985 Act It was also held that link evidence in this case was missing.

4. Mr. Mehtab Singh, learned Deputy Advocate General, Punjab contends that even- though he may be able to persuade the Court to hold that non-joining of independent witnesses was not fatal to the prose