STATE OF HIMACHAL PRADESH Vs. NEELAM KUMARI

JUDGEMENT

(1.) THE present Criminal Appeal has come up for adjudication after the grant of leave to appeal under Section 378 (3) of the Code of criminal Procedure in reference to judgment dated 26.12.2006, passed by Learned Sessions Judge, Una, H.P. in Sessions Case No.1 of 2005, Sessions Trial No.5 of 2005, acquitting the alleged accused/respondents under Section 18 of the Narcotic Psychotropic Substances Act, 1985 (in short `NDPS Act'), in reference to FIR No.60 of 2002 dated 22.09.2002.

(2.) THE prosecution case, in brief, is that on 22.09.2002, around 3.30 PM, the police party apprehended the accused- respondents and recovered 500 grams of opium from their possession as well as currency notes of RS.730/-. Two samples of 20 grams each were taken out from the recovered opium and sealed with seal impression `N'. Remaining bulk as well as the aforementioned currency notes were also sealed with same seal. On 24.9.2002, one sealed sample along with `NCB Form' and the pieces of cloth bearing seal impressions were sent for chemical examination. Keeping in view the Chemical Examiner's report and the investigation, accused were charged for the aforesaid offence.

(3.) ON analysis of the prosecution witnesses and material on record, learned Sessions Judge, Una, has arrived at the finding that the prosecution has failed to prove its case beyond reasonable doubt. Inter alia on many other grounds, one important aspect which needs consideration is that on perusal of 'NCB form', it appears that the same was not filled in on the spot. From the perusal of 'NCB form' every doubt is created that the same was not filled in, on the spot and Chemical Examiner has observed that the meconic acid was found positive and morphine was also found positive. In these circumstances, Chemical Examiner has opined that the contraband good so recovered was opium.