STATE OF HP Vs. SUKHJIT SINGH SIDHU

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 12.12.2006, passed by Learned Special Judge, Kangra at Dharamshala, H.P. in Sessions Case No.30-D 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.253 of 2004 dated 4.11.2004.

(2.) THE prosecution case, in brief, is that on 4.11.2004, the police party apprehended the accused-respondent and from house No.1 of the accused two bottles of English wine (containing 500 Mls.) foreign made and two bottles of Indian made liquor (containing 370 Mls.) were recovered. From house No.2 of the accused-respondent, 500 grams of charas was recovered, from his possession. First of all, sample nips were drawn from all the four bottles of the liquor separately and then all the four nips and the remaining bottles of liquor were sealed with Seal `D'. THEreafter, two samples of 25 grams each were taken out from the recovered charas and sealed with seal impression `D'. Remaining bulk was also sealed with same seal. On 7.11.2004, one sealed sample along with `NCB Form', docket, along with four sample nips of liquor were sent for chemical examination. Keeping in view the Chemical Examiner's report (Ex.PW.15/F) and the investigation, accused was charged for the aforesaid offence.

(3.) ON analysis of the prosecution witnesses and material on record, learned Special Judge, 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 Ex.PW.15/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 21.98%. In these circumstances, the Chemical Examiner has opined that contraband good so recovered was charas.