STATE OF HIMACHAL PRADESH Vs. KANCHA TAMANG

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 30.6.2005 passed by the learned Sessions Judge, Kullu in Sessions trial No. 52 -2004 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. 79/ 2001 dated 05.02.2004 The prosecution case, in brief, is that accused/respondent was apprehended and found in possession of 3.500 kilograms of Charas on 5.2.2004 at about 9.30 P.M. at Bajaura Check post while he was traveling in bus No. HP -39 -4735. Two samples of 25 grams each were taken from the recovered charas and these samples were put into sealed parcels and samples were sent for chemical examination. After the completion of the investigation and keeping in view the report of chemical examiner, the accused was charged for the aforesaid offence.

(2.) IN order to prove its case, the prosecution has examined as many as 10 witnesses, whereas in his statement under Section 313 Cr.P.C., the accused/respondent denied the prosecution case.

(3.) IN view of the aforesaid analysis made by this Court in Subhash Sharma alias Bhasi 'scase (supra), in the present case we also find that the "NCB Form" Ex.PA does not reveal that the same was prepared on the spot, so much so, entries appear to have been made by the same ink and pen in one go as if it has been prepared by sitting at one place. Ex.PA indicates that the Chemical Analyst on microscopic examination of the contraband good has found cystolithic hair present and on quantitative, test the Chemical Analyst found Beam 'salkaline test positive and resin 34.08$% present in the sample. In these circumstances, the Chemical Analyst opined that the samples were that of charas.