STATE OF HP Vs. PRABILA

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 31.08.2006, passed by Learned Special Judge, Chamba Division, Chamba, H.P. in Sessions Trial No.9 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.103 of 2005 dated 24.11.2005.

(2.) THE prosecution case, in brief, is that on 24.11.2005, at about 4.45 PM, the police party apprehended the accused- respondent and recovered 1 kilogram 400 grams of charas from his possession. Two samples of 20 grams each were taken out from the recovered charas and sealed with seal impression 'J'. Remaining bulk was also sealed with same seal. On 25.11.2005 one sealed sample along with 'NCB Form' and specimen seal were sent for chemical examination which were deposited at CTL Kandaghat on 26.11.2005. 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, Chamba Division, Chamba, 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.10/D, 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 28.11%. In these circumstances, the Chemical Examiner has opined that contraband good so recovered was charas.