STATE OF HP Vs. HANIF MOHAMMAD

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 16.06.2006, passed by the Learned Special Judge, Chamba Division, Chamba, H.P. in Sessions Trial No.37 of 2005, acquitting the alleged accused/respondent under Section 20 of the Narcotic Psychotropic Substances Act, 1985 (in short 'NDPS Act'), in reference to FIR No.46 of 2005 dated 27.05.2005.

(2.) THE prosecution case, in brief, is that on 27.05.2005 at about 9.45 PM at Forest Barrier Badoh, Tehsil Churah, District Chamba, the police party apprehended the accused- respondent and recovered 2 kilograms of charas from his possession. Two samples of 25 grams each were taken out from the recovered charas and sealed with seal impression 'T'. Remaining bulk was also sealed with same seal. On 28.05.2005 one sealed sample along with specimen seal, 'NCB Form' were sent for chemical examination. Keeping in view the Chemical Examiner's report and the investigation, accused was charged for the aforesaid offence.

(3.) ON analysis of the prosecution witnesses and material on record, learned Special Judge, Chamba Division, Chamba, 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 requires consideration is that on perusal of Ex.PW.6/C, it appears that 'NCB Form' was not filled in on the spot. The Chemical Examiner has opined that on microscopic examination cystolithic hair were found present. Beam alkaline test was found positive and resin was found 30.11%. In these circumstances, the Chemical Examiner has opined that contraband good so recovered was charas.