- (1.) State of Punjab has filed this application under Section 378(3) Cr.P.C. seeking leave to file an appeal against judgment dated April 18, 2011, acquitting the respondents of the charges framed against them.
(2.) Respondents were put to face trial on an accusation that on June 27, 2008, they were found in possession of explosive substance without any licence, in the area of village Dangian Canal bridge, Police Station Jagraon, district Ludhiana.
(3.) The trial Judge has noticed following facts regarding case of the prosecution: "That on 26.6.2008, police party headed by Tehal Singh, Incharge, Anti Narcotic Cell, Ludhiana (Rural) was present at Canal bridge of village Dangian Tehsil Jagraon. There SI Tehal Singh received a secret information to the effect that Amrik Singh son of Balbir Singh, Daljit Singh alias Khalsa and Sarbjit Singh alias Sukhu had come from Pakistan after getting training in anti-national activities and their aim was to blast in public places and terrorized the people. They were in possession of large quantity of explosive and were ferrying the same from one place or others. On that day at night they were coming to Jagraon from Moga via Daughter -Chuharchak and they were planning to cause the explosion and if Nakabandi be held they could be apprehended and bulk recovery of explosive material could be affected. Finding information reliable ruqa was sent to the Police Station through Constable Swaran Singh for registration of a case against the accused. Inspector Tehal Singh along with other police officials made a raiding party and held Nakabandi at Canal Bridge Dangian. At about 4.00 A.M. on 27.6.2008 a Tempo Trax of White colour bearing registration No. CH -35-0230 came from Moga side. Inspector Tehal Singh gave signal to stop the vehicle and with the help of other Police officials encircled the vehicle. On inquiry persons sitting in the vehicle disclosed their names as Daljit Singh alias Khalsa, Amrik Singh son of Balbir Singh and Sarbjit Singh alias Sukhu. Accused were got alighted from the vehicle. On search from bag 116 rods of explosive were recovered. From bucked 20 Kgs. of explosive substance was recovered. Investigating Officer separated 25 grams from each and put the same into a plastic Jar and prepared parcels. Remaining bulk was put into two separate buckets and prepared the parcels. Both the parcels and sample parcels were sealed with seal of Inspector Tehal Singh bearing impression TS. The seal after use was handed over to ASI Gurcharan Singh. All the parcels along with bucket, bag and vehicle as well as RC were taken into possession vide recovery memos. Accused were arrested.";