TMI Blog2004 (3) TMI 765X X X X Extracts X X X X X X X X Extracts X X X X ..... persons by the High Court of Punjab and Haryana at Chandigarh. Respondents Balkar Singh and Munish Chand were tried by the Additional Sessions Judge, Bhatinda alleging that they committed the offence punishable under section 15 of the NDPS Act. On 5.12.1991 the SHO Balbir Singh, ASI Jarnail Singh, Sub-Inspector Kaur Singh along with some other Home Guard Officials were doing patrol duty. When the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter, the bags of Poppy Husk were taken into custody and kept in the Police Station. After investigation prosecution was launched against the respondents. The accused respondents alleged false implication, but no evidence was adduced. The Sessions Court held that the respondents committed the offence under section 15 of the NDPS Act as they were found in possession of the 100 bags of poppy husk. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Farukhabad. The police did not make any investigation as to how these 100 bags of poppy husk were transported to the place of incident. They also did not adduce any evidence to show the ownership of the poppy husk. The presence of respondents at the place from where the bags of poppy husk was recovered itself was taken as possession of these bags by the police. In fairness, the police should ha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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