STATE OF HIMACHAL PRADESH Vs. SABEER

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgement dated 11.09.2002 passed by the learned Additional Sessions Judge -1, Kangra at Dharamshala, in Sessions case No. 4 -N/02 whereby he acquitted the accused of having committed an offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the NDPS Act).

(2.) THE prosecution case in brief is that on 17.12.2001 PW -8 ASI Onkar Nath alongwith constables PW -5 Raj Kumar, Sanjeev Kumar, Viond Kumar and PW -1 H.C.Subhash Chand had laid a Naka near Shitla Mata Temple at Damtal for routine checking. One person was seen coming from Pathankot side. The said person was carrying a bundle on his head. On seeing the police party the said person threw the bundle and ran back towards Pathankot side. The ASI stood next to the bundle whereas the other police officials chased the accused and he was apprehended at a distance of 50/100 meters. The bundle was checked and it contained material which appeared to be poppy husk. Thereafter, weights and scales were arranged and the poppy husk was found to be 11 kg. and 500 grams. Out of this bulk, two samples of 100 gram each were drawn and thereafter the two samples and the bulk poppy husk were sealed in three separate parcels bearing seal impression 'M '. The case property was taken into possession and statements of the witnesses, etc. were recorded. Ruqua Ext.PW -1/B was prepared and sent to the Police Station for registration of the case. On the basis of this F.I.R. Ext.PW -3/A was recorded. After completing the other codal formalities at the spot PW -8 sent a special report Ext.PW -6/A to the Superintendent of Police and he handed over the case property to ASI PW -7, who in turn deposited the case property with MHC PW -3. One sample was sent to the CTL Kandaghat and as per the report Ext.PA sent by the CTL it was opined that the exhibit contains the contents of poppy husk. On this basis the accused was charged with having committed an offence aforesaid. After trial he has been acquitted and hence this appeal by the State.

(3.) LEARNED counsel for the respondent -accused has drawn our attention to the definition of the term 'poppy straw ' in Section 2(xviii), which reads as under: (xviii) "Poppy straw" means all parts (except the seeds) of the opium after harvesting whether in their original form or cut, crushed or powdered and whether or not juice has been extracted therefrom.