STATE OF HP Vs. SHIV KUMAR

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 15.12.2006, passed by Learned Sessions Judge, Solan, Camp at Nalagarh, H.P. in Sessions Trial No.8NL/7 of 2006/03, acquitting the alleged accused/respondent under Section 18 of the Narcotic Psychotropic Substances Act, 1985 (in short `NDPS Act'), in reference to FIR No.167 of 2002, dated 13.11.2002.

(2.) THE prosecution case, in brief, is that on 13.11.2002, at about 8.30 PM, the police party while on Nakka duty apprehended the accused-respondent and recovered 130 grams of opium from his possession. Two samples of 25 grams each were taken out from the recovered opium and sealed with seal impression 'B'. Remaining bulk was also sealed with same seal. On 14.11.2002 one sealed sample was sent for chemical examination. Keeping in view the Chemical Examiner's report (Ex.PW.10/C) and the investigation, accused was charged for the aforesaid offence.

(3.) ON analysis of the prosecution witnesses and material on record, learned Sessions Judge, Solan, Camp at Nalagarh, 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.