Learned counsel for the State as well as learned counsel for private respondents have filed their written statements which are on record. Learned counsel for the State has raised a preliminary objection that the petitioner has been acquitted by the learned trial Court due to non-compliance of the provisions of Sections 50 and 42 of the Act by Investigating Officer at the time of apprehension of the petitioner and also due to non-joining of independent witness. The petitioner has been acquitted by the trial Court by giving him benefit of doubt. Learned counsel for the State further submits that in the judgment of acquittal, the trial Court has nowhere stated that recovery of the alleged contraband was not found in possession of the petitioner and no adverse remark was passed against any of the police officials. Admittedly, enquiry against the petitioner was conducted firstly by DSP, Sahnewal Ludhiana and after his transfer the same was entrusted to DSP City-3 Ludhiana. On the basis of said inquiry report, show cause notice was issued to the petitioner and admittedly, enquiry was kept pending till the decision of the Special Court. After acquittal by the trial Court, five years of approved service of the petitioner with cumulative effect was forfeited for the purpose of increment on 15th January, 2010 by the SSP, Ludhiana and because of that order, the present petition has been filed which is not maintainable. Learned counsel for the State further submits that nowhere in the judgment of the trial Court it has been mentioned that opium was falsely planted upon the petitioner.
