STATE OF HIMACHAL PRADESH Vs. FINA RAM

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 27.12.2006, passed by Learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala, H.P. in Sessions Case No. 9-D/VII/2006, Sessions Trial No.6 of 2006, acquitting the alleged accused/respondent under Section 20 of the Narcotic Psychotropic Substances Act, 1985 (in short `NDPS Act'), in reference to FIR No.140 of 2006 dated 29.4.2006.

(2.) THE prosecution case, in brief, is that on 29.04.2006 at about 4.00 PM, the police party apprehended the accused- respondents and recovered 100 grams of charas from the possession of accused-respondent Fina Ram and 150 grams of charas from the possession of accused-respondent Ashok Kumar. During the search of the Dickey of their scooter 1100 grams of charas was also recovered from their joint possession. THE police took two samples of 20 grams each were taken out from the recovered charas and sealed with seal impression `M'. Remaining bulk was also sealed with same seal. On 2.05.2006 three parcels vide RC No.83/21 along with other documents were sent for chemical examination. Keeping in view the Chemical Examiner's reports (Ex.PA Ex.PB and Ex.PC) and the investigation, accused were charged for the aforesaid offence.

(3.) ON analysis of the prosecution witnesses and material on record, learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala, 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 `NCB Form' it appears that the same was not filled in, on the spot. The Chemical Examiner in his report (Ex.PA) has opined that on microscopic examination cystolithic hair were found present. Beam alkaline test was found positive and resin was found 22.19%. The Chemical Examiner in another report (Ex.PB) has also opined that on microscopic examination cystolithic hair were found present. Beam alkaline test was found positive and resin was found 21.54%. The Chemical Examiner in another report (Ex.PC) has opined that on microscopic examination cystolithic hair were found present. Beam alkaline test was found positive and resin was found 19.85%. In these circumstances, the Chemical Examiner has opined that contraband good so recovered was charas.