TaxTMI 
TaxTMI 
2019 (9) TMI 1011
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....r short) in FIR No. 80 dated 25.5.2015, registered at Police Station 'C' Division, Amritsar. 2. As per the case of the prosecution, on 25.5.2015, SI Palwinder Singh along with other police officials was on patrolling duty. They received a secret information that Mangal Ram @ Arun, had been selling and supplying 'Charas' at a large scale and he would be coming on foot from Tarn Taran road towards graveyards of Mai Jeevan and if a naka was laid, he could be caught red handed. The police party started checking the spot and after 10-15 minutes, a young man carrying a black coloured bag on his left shoulder, was seen coming on foot from the side of Tarn Taran road. On seeing the police party, he tried to turn back, but was app....
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....esses. 5. In the statement recorded under Section 313 Cr.P.C., the respondent denied the prosecution case and pleaded false implication. In defence, the respondent had examined DW-1 HC Paramjit Singh. 6. After hearing the learned State counsel as well as counsel for the respondent, the trial Court, vide impugned judgment dated 12.2.2019 acquitted the respondent of the charge framed against him. 7. Aggrieved against the said judgment, the present application seeking leave to appeal has been filed by the State. 8. Learned Deputy Advocate General has drawn our attention towards the recovery of 6 kgs. of charas from the conscious possession of the respondent and submits that the mandatory provisions of NDPS Act had been strictly com....
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....on the judgment in case 'Karnal Singh versus State of Punjab 2009 (5) RCR (Criminal) 515 SC' wherein the Supreme Court in para 17(d) observed as under:- "While total non-compliance of requirements of sub-sections (1) and (2) of section 42 is impermissible, delayed compliance with satisfactory explanation about the delay will be acceptable compliance of section 42. To illustrate, if any delay may result in the accused escaping or the goods or evidence being destroyed or removed, not recording in writing the information received, before initiating action, or nonsending a copy of such information to the official superior forthwith, may not be treated as violation of section 42, but if the information was received when the poli....
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.... addition to a Gazetted Officer or Magistrate. Since the legal right of the respondent had not been apprised to him, which is a mandatory provision, the offer made by the Investigating Officer being defective has rightly been ignored. 12. The trial Court had also rightly discussed that on being confronted with the compliance of Section 50 of the NDPS Act, the said material witness of the prosecution, being Gazetted Officer of the police, had categorically deposed that no notice under Section 50 of the NDPS Act was given to the respondent either by her or by the Investigating Officer. PW-5 Jaswant Kaur, ACP had shown total ignorance with regard to the provisions of Section 50 of the NDPS Act. Since no notice under Section 50 of the NDPS A....