STATE OF HP Vs. JUGAL KISHORE

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 29.9.2006, passed by Learned Additional Sessions Judge, Una, H.P. in Sessions Case No.21 of 2004, Sessions Trial No.7 of 2005, acquitting the alleged accused/respondent under Section 18 of the Narcotic Psychotropic Substances Act, 1985 (in short `NDPS Act'), in reference to FIR No.795 of 2003 dated 11.12.2003.

(2.) THE prosecution case, in brief, is that on 11.12.2003, the police party apprehended the accused-respondent and recovered 260 grams of opium from his possession. Two samples of 10 grams each were taken out from the recovered opium and sealed with seal impression `B'. Remaining bulk was also sealed with same seal. On 12.12.2003 one sealed sample along with `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 Additional 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 Ex.PW.12/D, it appears that `NCB Form' was not filled in on the spot. From the perusal of Ex.PW.12/D, every doubt is created that the `NCB Form' 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.