STATE OF HARYANA Vs. CHITRANJAN AND ANOTHER

JUDGEMENT

(1.) The present application has been filed under Sec. 378 (3) Crimial P.C. for grant of leave to appeal against judgment of acquittal dated 10.11.2014 passed by learned Additional Sessions Judge, Hisar.

(2.) There is delay of 138 days in filing of the aforesaid application. Delay in the filing of application is condoned as per grounds mentioned in the application.

(3.) FIR No. 282 dated 16.5.2012 was registered under Sec. 20 of NDPS at Police Station City Hansi against accused-Chitranjan and Joginder. As per case of the prosecution on 16.5.2012, SI Vijay Kumar accompanied by ASI Virender Singh and Constable Rajender Singh were present at T-Point Radhika Mill near Kharar Chungi at Hansi for barricade duty. Two young boys were seen coming from the side of Hansi City on their motorcycle. On seeing the police party, the driver of the motorcycle tried to turn back his motorcycle. On suspicion, both of them were apprehended along with their motorcycle. On interrogation, they disclosed their identity as Chitranjan and Jogender. The search was conducted upon them after giving them the option to be searched before a Magistrate or a Gazetted Officer. On search, nothing was recovered from the possession of Chitranjan, whereas, pink polythene containing Sulpha (charas) was recovered from the left pocket of trouser of Jogender. Two samples of 10 gms each were separated and remaining substance was found to be 120 gms on weighing, which was sealed with seal VK. After completing all the formalities, both the accused were produced before the Illaqa Magistrate. Their statements were recorded under Sec. 161 Crimial P.C. The samples were sent to FSL, which were found to be of charas. Challan was presented against both the accused. Charge was also framed under Sec. 20 of NDPS Act on 19.2.2013, to which they pleaded not guilty and claimed trial. After recording statements of the prosecution witnesses and defence witnesses both the accused were acquitted of the charge levelled against them by the trial Court vide its judgment dated 10.11.2014. The accused were acquitted of the charge by giving benefit of doubt as there were contradictions and discrepancies in the statements of the prosecution witnesses. There was delay in submitting special report to the Area Magistrate and no explanation was given by the prosecution. There was also delay of 12 days in sending the samples to the FSL, which was one of the grounds of acquittal and no explanation whatsoever was given by the prosecution to explain the delay.