Chander Bhusan Barowalia JUDGMENT
Chander Bhusan Barowalia, J.
1. The present appeal is preferred by the appellant/State under Section 378 of the Code of Criminal Procedure assailing the judgment of acquittal, dated 06.01.2011, passed by the learned Additional Sessions Judge, Fast Track Court, Kullu, District Kullu, H.P., in Sessions Trial No. 32 of 2010, whereby the accused has been acquitted of the charge framed against him under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act').
2. Briefly stating, as per prosecution story, facts giving rise to the present appeal are that on 22.01.2010, ASI Man Singh, alongwith other police officials, was on patrol duty in official vehicle No. HP-34A-0213. When the police party reached at Bharthidhar, at about 6.00 A.M., they saw one person coming on foot from upper Bharthidhar side holding a gunny sack in his hand and on seeing the vehicle of the police, he got perplexed and tried to turn back. The police officials, on suspicion, got down from the vehicle and nabbed the accused. The accused person disclosed his name as Prem Singh. There was suspicion in the mind of ASI Man Singh that the accused was carrying contraband, so he sent Constable Vijay Kumar to the nearby village to arrange independent witnesses, but he returned empty handed. Thereafter, ASI Man Singh associated HC Ramesh Chand and Constable Vijay Kumar, as witnesses of the spot and informed the accused that the police have suspicion regarding some narcotic substance in his possession, for which his search is necessary. The accused was also apprised about his legal right to be searched before a Gazetted Officer or a Magistrate. It has been averred that the accused consented in writing that he wanted to be searched by the police officials on the spot. First of all, ASI Man Singh gave his personal search to the accused in presence of witnesses, and, thereafter, the search of the accused was conducted. The gunny bag, which was tied with a jute thread, was opened by the police which contained stick, pancake and sphere shaped Charas. The Charas, on weighment with the official balance and weights, was found 4.5 kgs, which was again put in the same gunny bag and tied with jute thread. Thereafter, the jute bag was wrapped in 'PULINDA' and sealed with seal impression 'D'. The seal after its use and having the specimen of seal was entrusted to HC Ramesh Chand. The parcel was taken into possession by the Investigating Officer. Recovery-cum-seizure memo was prepared to this effect. The Investigating Officer also filled in NCB-I Form. It is further alleged that copy of recovery-cum-seizure memo was supplied to the accused and the accused was apprised that he was found in possession of 4.5 kgs of Charas, which is an offence punishable under Section 20 of the NDPS Act. Thereafter, ruka was sent to the Police Station, on the basis of which, F.I.R. was registered. During the investigation, the Investigating Officer prepared the site plan and also recorded the statements of the witnesses under Section 161 Cr.P.C. The case property was sent to F.S.L., Junga, for chemical analysis and after receiving the report from Chemical Examiner, the Investigating Officer found sufficient evidence against the accused.
3. Accused was charged with the commission of offence under Section 20(b)(ii)(C) of the NDPS Act, wherein he pleaded not guilty and claimed to be tried. To prove its case, the prosecution examined eight witnesses.
4. The accused, in his statement under Section 313 Cr.P.C. denied the prosecution case in its entirety and had not led any evidence in defence. After the completion of the trial, the learned ........