STATE OF HP Vs. SUNITA

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 01.12.2006, passed by Learned Special Judge(I) Kangra at Dharamshala, H.P. in Sessions Case No.52- I/VII-2005, Sessions Trial No.28 of 2006, acquitting the alleged accused/respondent under Sections 18 and 20 of the Narcotic Psychotropic Substances Act, 1985 (in short `NDPS Act'), in reference to FIR No.56 of 2005 dated 22.3.2005.

(2.) THE prosecution case, in brief, is that on 22.03.2005, the police party apprehended the accused-respondent and recovered 400 grams of charas and 2 kilograms of poppy husk from her possession. Two samples of 20 grams each were taken out from the recovered charas as well as 100 grams each were taken out from the poppy husk and sealed with seal impression `R'. Remaining bulk was also sealed with same seal. On 23.3.2005 one sealed sample along with `NCB Form' and seal impression were sent for chemical examination through HHC Ashok Kumar (PW.6), who deposited the same at CTL Kandaghat on 24.03.2005. 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 (I) 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.5/A, it appears that `NCB Form' was not filled in, on the spot. The Chemical Examiner has given two reports, which reveal that on microscopic examination cystolithic hair were found present. Beam alkaline test was found positive and resin was found 26.98%. In reference to another report, the Chemical Examiner has opined that meconic acid as well as morphine tests were also found positive. In these circumstances, the Chemical Examiner has opined that contraband good so recovered was charas as well as the sample contains the contents of poppy husk.