S.D.ANAND, J. - (1.) . Respondent (discharged) accused was netted by the police on 26.09.1998 when he, while driving scooter bearing registration No. PB-29A-1465 in the area of bypass Sindhwan (Moga), was found carrying contraband. The nature and quantity of the contraband (unlicensed opium weighing 1 Kg 750 grams) was noticed on the arrival of and in the presence of Jarnail Singh (Superintendent of Police), whose requisition to the spot was obtained in the light of the exercise of an offered option at the hands of the respondent that the search must be conducted in the presence of a Gazetted Officer. On completion of the usual formalities, the police of P.S. City Moga, put up the challan.
(2.) RESPONDENT cried foul. Crime Branch D.S.P. (Chandigarh) investigated the complaint and found the charge planted. Punjab Human Rights Commission (vide order dated 15.03.2000) upheld that finding independently and recommended the cancellation of the case. As the respondent already stood charged in the meantime, he showcased his grievance by filing a revision petition (No. 33338-M of 2000). Disposal (vide order dated 09.10.2002), by this Court, was in the following terms :- "Under these circumstances, I dismiss the present petition as withdrawn with the liberty to the petitioner to file an appropriate application before the trial Judge for dropping the proceedings against him or his discharge in accordance with law. While filing the aforesaid application, the petitioner would be free to take all such pleas as raised in the present petition and other defences which are available to them in accordance with law. If an such application is filed before the ld. Trial Judge by the petitioner, then the same shall be decided by the learned trial Judge after hearing all concerned."
(3.) THEREAFTER , the respondent applied to the learned Trial Judge for exoneration from liability in the light of the Crime Branch finding and also the recommendation by the Punjab Human Rights Commission.;