(1.) JUDGMENT dated 25.7.2012 passed by learned Special Judge, Kullu in Sessions Trial No. 48 of 2010 is under challenge before this Court in the present appeal.
(2.) THE appellant, who is a convict and has been sentenced to undergo rigorous imprisonment for four years and also to pay Rs. 40,000/ - as fine for the commission of offence under section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter referred to as "the Act" in short, has assailed the legality and validity of the impugned judgment on the grounds, inter -alia, that the prosecution did not associate the independent witnesses intentionally and deliberately, which allegedly goes to very root of the case, particularly when there is serious dispute qua the place of search and seizure, which as per the prosecution case though is Chhinni Nallah, however, in the evidence as has come on record by way of testimony of PW -2 Constable Megh Singh, it is Fojal Nallah. On account of procedural irregularities and also there being no cogent and reliable evidence with regard to the recovery of the contraband, allegedly Charas, from the physical and exclusive possession of the accused, he could have neither been convicted nor sentenced.
(3.) ON the completion of the investigation, PW -8ASI Jai Lal brought the accused and also the case property to Police Station. Rapat Ext. PW1/B to this effect was entered in the Rojnamcha. Parcel containing the case property was produced before PW -4 Om Parkash, the then SHO, who resealed the same with seal "T". At the instance of PW -4 rapat Ext. PW1/C was also entered in the Rojnamcha to his effect. The I.O. prepared Special Report Ext. PW3/A, which was handed over to the then SDPO, Manali. Entry to this effect was made in the relevant register and extract whereof is Ext.PW3/C.