(1.) The present appeal is maintained by the appellant/State against the judgment of acquittal dated 01.10.2012, passed by the learned Special Judge (Fast Track Court), Mandi, District Mandi, H.P., in Sessions Trial No.36/2011, whereby the accused, who was charged under Sections 20(B) & 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985, has been acquitted.
(2.) Briefly stating the facts giving rise to the present appeal, as per the prosecution story, are that on 13.12.2010, PW9, HC Dina Nath, Investigating Officer alongwith Constable Baldev Singh, L.C. Naina Devi and Constable Dhani Ram were present on nakkabandi at Silhi Largi. At about 2.30 p.m., they intercepted the accused, who on seeing the police party, turned back and tried to run away. She was apprehended by the Investigating Officer with the help of other police officials. Since the place was secluded one and no independent witnesses could be associated, as such, Constable Baldev Singh and LC Naina Devi were cited as witnesses. The police officials, gave their personal search to the accused. The accused was apprised of her legal rights to give search either before a Magistrate or a Gazetted Officer, but the accused gave her consent to be searched by LC Naina Devi. On search of the accused by LC Naina Devi, a kneecap was found to be worn by the accused on her left leg and on checking of the kneecap, an envelope wrapped in cello tape was recovered, which on opening, was found to contain white colour envelope having a black substance in the form of sticks. On experience and smelling, the same was found to be cannabis. The accused was also wearing kneecap on her right leg. On search of the knee cap, one envelope wrapped in cello tape was found and on opening of knee cap, one white colour envelope having a brown colour substance in a semi liquid form was found. On experience and smelling, the same was found to be Opium. On weighing the cannabis and opium, they were found to be 500 grams each. Cannabis and opium were again put together in white colour envelopes, which were then put in a cloth parcel and the same was sealed with seal impression 'D' at four places and NCB Form Ex.PW3/A was filled in triplicate from column No.1 to 8 by the Investigating Officer. Seal impression was also separately taken on a piece of cloth, which is Ex.PW7/C. The rukka Ex.PW9/A was prepared and sent through Constable Baldev Singh to the Police Station and on the basis of which FIR Ex.PW3/D was got registered against the accused. The seal was handed -over to Constable Baldev Singh. Case property was taken into possession vide seizure memo Ex.PW7/D. The Investigating Officer prepared the spot map, which is Ex.PW9/B and also recorded the statements of witnesses as per their versions. The police party came back to the Police Station and Investigating Officer handed -over the case property to Shri Ram ASI for resealing. He resealed the case property with seal impression "G" at four places and deposited the same with MHC Khem Chand, who entered the case property in Malkhana Register at Sr.No.551 and sent the same through Constable Sandeep Kumar to F.S.L., Junga and as per the report of Chemical Examiner, FSL, Junga Ex.PX, the exhibit stated as Charas, was extract of cannabis and sample of Charas and exhibit stated as Opium as sample of Opium.
(3.) To prove its case, the prosecution examined as many as 09 witnesses. PW9 HC Dina Nath Investigating Officer, PW7 Constable Baldev Singh, who intercepted the accused and recovered 500 grams cannabis and 500 grams opium from the possession of the accused. PW -3, Shri Ram, who was posted as Investigating Officer in Police Station, Aut in the year, 2010 and to whom the case property was handed - over for resealing and he resealed the parcels with seal impression "G" at four places and also filled Column No.9 to 11 of the NCB Form in triplicate, which is Ex.PW3/A and also endorsed the sample seal impression "G" on it and the sample was taken on a piece of cloth, which is Ex.PW3/B. Thereafter, he handed -over the parcel alongwith sample seal D and G, NCB form in triplicate to PW -4 HC Khem Chand the then MHC Police Station, Aut, who made the entry in register No.19 at Sr.No.551, copy of which is Ex.PW4/A. On 14.12.2010, PW4 Khem Chand sent the parcel containing 500 grams of Charas, which was sealed with seal impression "D" at four places and resealed with seal impression "G" at four places alongwith sample seal impression "D" and "G" and NCB form in triplicate through PW1 Sandeep Kumar for depositing the same in FSL, Junga vide R.C. Ex.PW4/B and PW1 after depositing the same handed over the receipt to the MHC. On 14.12.2010, Additional Superintendent of Police, Hira Singh Thakur, handed over the special report to PW2, HC Yoginder Singh, who was posted as a Reader to Additional Superintendent of Police, Mandi. PW2 made an entry in the special report register, copy of which is Ex.PW2/B. PW5, HHC Inder Dev, has placed on record the copy of Rapat No.11 Ex.PW5/A, dated 13.12.2010. PW6, Inspector Dhorje Tam, after receiving the report of Chemical Examiner, Ex.PX prepared the challan and presented the same in the Court for trial. PW8, HHC Uday Chand on 3.2.2011, brought the case property and report of Chemical Examiner, Junga in case FIR No.144/2010 and handed -over the report and parcel to MHC Khem Chand.