STATE OF H.P Vs. ABDUL JAWAHAR

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after leave to appeal under Section 378(3) of the Code of Criminal Procedure has been granted in reference to the impugned judgment dated 21.11.1996, passed by the learned Addl. Sessions Judge, Kullu in Sessions trial No. 21 of 1996, acquitting the alleged accused for the offence under Sections 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the 'NDPS Act').

(2.) THE prosecution case is that SI Gurbachan Singh, Incharge, Police Post, Bhuntar while on patrol duty along with Constable Narinder Singh, Constable Chet Ram and Constable Rajinder Kumar reached at Whether the reporters of the local papers may be allowed to see the Judgment? Bajaura, they met S/Sh. B. D. Sharma, and Dina Nath, Excise and Taxation Inspectors (ET Is)along with Sh. Nek Ram, Peon in the Excise Department. They jointly arranged a 'NAKA' for the purpose of excise and traffic checking on the National Highway outside Senior Secondary School, Bajaura. They noticed one person coming at about 9.30 P.M. from Jhiri side on National Highway -21 carrying a bag on his back. On seeing the police party, that person tried to flee away. However he was over powered by SI Gurbachan Singh. On suspicion, search was made. Wherein 3.300 kilograms charas was recovered, out of which 25 grams each was separated and sealed with seal impression 'H'. Remaining charas was also sealed with the same seal. The sample parcels as well as the parcels containing recovered charas along with rucksack (Ext.P5) were taken into possession vide recovery memo Ext.PW -1/B in the presence of S/Sh. B. D. Sharma, Dina Nath and HC Narinder Singh. On receipt of Chemical Examiner's report and completion of investigation, the challan was presented against the accused for trial.

(3.) ON analysis of the prosecution witnesses and materials on record, Learned Addl. Sessions Judge has observed that the contraband good was taken into possession vide recovery memo Ext.PW -1/C, which also bears the signatures of the accused. The evidences on record indicate that the contraband good/charas was recovered from the conscious and exclusive possession of the accused. The arguments advanced on behalf of the Respondent -accused that the sampling was analysed by the Kandaghat Laboratory and the report Ext.PW -7/A is not a legally valid report within the meaning of the Act/Rule. In view of the oral evidence of Sh. B. D. Sharma, Constable Chet Ram and SI Gurbachan Singh, Chemical Report of Kandaghat Laboratory (Ext.PW -7/A) has not been believed by the learned Addl. Sessions Judge despite the prosecution having proved its case beyond reasonable doubt.