STATE OF H P Vs. RACHAN SINGH

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 02.12.2006, passed by Learned Special Judge, Bilaspur, District Bilaspur, H.P. in Criminal NDPS Case No.4 of 2004, acquitting the alleged accused/respondent under Section 18 of the Narcotic Psychotropic Substances Act, 1985 (in short `NDPS Act'), in reference to FIR No.139 of 2003 dated 29.9.2003.

(2.) THE prosecution case, in brief, is that on 29.09.2003, at about 2:30 AM, the police party apprehended the accused- respondent and recovered 800 grams of opium from his possession. Two samples of 25 grams each were taken out from the recovered opium and sealed with seal impression 'Aa'. Remaining bulk was also sealed with same seal. On 01.10.2003 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 Special Judge, Bilaspur, 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 'NCB Form' was not filled in, on the spot. From the perusal of 'NCB Form', 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.