(1.) The State has come in appeal against the judgment dated 24.4.2012, rendered by the learned Special Judge, Kinnaur Sessions Division at Rampur Bushahr, H.P., in NDPS Case No. 3/2011, whereby the respondent-accused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act), has been acquitted.
(2.) The case of the prosecution, in a nut shell, is that on 27.11.2010 PW-6 SHO Gurbachan Singh along with ASI Rattan Chand, HC Tain Singh, Const. Umesh Kumar was on patrolling duty. When they were present at Patarna bridge where they had gone in Government vehicle No. HP-34-A-3830 at 5:00 AM, a person was seen coming from Pararna side. He was carrying a pithu bag (rucksack) on his back. He tried to run away. He was chased and nabbed. He disclosed his identity. The bag carried by the accused was searched. It contained charas. It weighed 7 kgs. The same was sealed in parcel with seal "H" (9 seals), the impression of which was also taken separately on a piece of cloth. NCB form in triplicate was also filled in and recovered charas was taken into possession by preparing seizure memo. Rukka was prepared and sent to the Police Station through Const. Umesh Kumar. The case property was deposited with the MHC. The same was sent to FSL, Junga. The report was obtained from FSL, Junga. The investigation was completed and the challan was put up before the Court after completing all the codal formalities.
(3.) The prosecution, in order to prove its case, has examined as many as six witnesses. The accused was also examined under Sec. 313 Crimial P.C. He explained that bag Ext. P-2 did not belong to him and that no charas was recovered from him. He examined two witnesses in defence, namely, Narain Singh and Govind Singh. The learned trial Court acquitted the accused, as noticed herein above. Hence, this appeal.