STATE OF H.P. Vs. INDER SINGH

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after leave to appeal has been granted under Section 378(3) of the Code of Criminal Procedure, against the judgment dated 9.8.2004, passed by the learned Addl. Sessions Judge, Fast Track, Kullu in Sessions Trial No. 85/03, RBT. No. 13/03 acquitting the accused/respondent for offences under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short called ND&PS Act) in reference to FIR No.176 of 2003 dated 16.04.2003.

(2.) THE prosecution case in brief is that on 16.04.2003 at about 11.30 a.m. ASI Khem Chand (PW8) along with other police officials while on patrolling duty apprehended accused/respondent with a bag being carried by him. On seeing the police, he became nervous and tried to flee away. On search in the presence of police officials, 4 kg 500 grams of charas was recovered. Out of which two samples 25 grams of each were separated and were packed and sealed with seal impression "H". Remaining charas along with bag was also separately packed and sealed with seal impression 'H', 'NCB form', Ex. PW2/C was filled up. Seal impression, Ex. PW8/B was retained and samples were sent for chemical examination. After investigation, accused/ respondent was charged for the aforesaid offence.

(3.) LEARNED Additional Sessions Judge, Fast Track Court, Kullu on analysis of the prosecution evidences and materials on record, has found that neither independent witnesses were associated nor they were examined in present case. The evidences of the official witnesses were not found trustworthy. Keeping in view the contradictions and discrepancies emanating from the statements of the officials witnesses, the prosecution was found, having not been proved the guilt of the accused/respondent beyond reasonable doubt. We also notice that Ex. PW2/C, 'NCB form' does not appear to have been prepared on the spot. Chemical Examiner though has opined that the contraband recovered from the accused on that fateful day was charas. However, on microscopic examination, the chemical examiner has found that cystolithic hairs were present and Beam's alkaline test was positive and resin was found to be present in the sample to the extent of 29.32%. However, chemical examiner has not given the true report that the contents are actually charas.