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HIMACHAL PRADESH HIGH COURT
Sanjay Karol and P.S.Rana, JJ.
State of Himachal Pradesh —Appellant
versus
Anil Kumar —Respondent
Cr. Appeal No.4196 of 2013
Decided on 9.1.2015
(ii) Narcotic Drugs and Psychotropic Substances Act 1985 — Section 20 — Special Report — Non-placing on record — ASI specifically stated that special report not placed on record — No reference of sending special report to SDPO mentioned in challan — No reason assigned as to why not placed on record and why reference of special report not mentioned in list of documents filed along with challan — HELD — Non-placing of special report on record and non-mentioning of reference of special report in challan caused miscarriage of justice to accused — Same fatal to prosecution. [Para 12]
(iii) Narcotic Drugs and Psychotropic Substances Act 1985 — Section 20 — NCB Form — Incomplete — IO stated that column Nos. 9 and 11 of NCB form qua resealing of parcel by SHO of Police Station kept blank — HELD — Same fatal to prosecution and create doubt in mind of Court and caused miscarriage of justice to accused. [Para 13]
(iv) Narcotic Drugs and Psychotropic Substances Act 1985 — Section 55 — Non-resealing — Of parcel by SHO — HELD — Fatal to prosecution and caused miscarriage of justice to accused. [Para 14]
(v) Narcotic Drugs and Psychotropic Substances Act 1985 — Section 55 — Time of recovery of contraband in seizure memo and NCB form — Difference between — As per FIR and seizure memo recovery of contraband effected on dated 8.11.2001 at 3.30 hours — And as per entries of NCB form recovery of contraband effected at 4 PM — HELD — Created doubt in mind of Court. [Para 15]
(vi) Narcotic Drugs and Psychotropic Substances Act 1985 — Section 20 — Investigation — Entirely conducted by complainant — Himself seized contraband, sealed parcels, sent ruka, prepared site plan and recorded statements of prosecution witnesses — HELD — Against criminal jurisprudence and ipso facto contrary to law and same caused miscarriage of justice to accused. [Para 16]
Result: Appeal allowed
JUDGMENT
P.S.Rana, J.—Present appeal is filed against the judgment passed by the learned Special Judge-I Sirmour District at Nahan in Sessions Trial No. 3-ST/7 of 2012.
BRIEF FACTS OF THE PROSECUTION CASE:
2. Brief facts of the case as alleged by prosecution are that on dated 8.11.2011 at 3.30 PM at bifurcation Ronhat-Bela Baswa road accused was found in exclusive and conscious possession of 650 grams charas. It is alleged by prosecution that on dated 8.11.2011 PW7 ASI Partap Singh along with PW1 HC Bishan Singh, PW2 HHC Rajinder Singh and PW3 Kaku Chauhan left Police Station Shillai in official vehicle No HP-18A-0233 which was driven by PW4 Constable Heera Singh towards Rohnat side in connection with traffic checking and detection of cases. It is alleged by prosecution that at about 3.30 PM when the aforesaid police party was present at place Bella bifurcation accused came from Rohnat side carrying a bag in his hand and on seeing the police officials accused threw his bag down from the road and tried to run away from the spot. It is alleged by prosecution that thereafter accused was chased and apprehended and thereafter the bag thrown by accused was lifted by PW7 ASI Partap Singh and on checking it was found that bag contained contraband of charas. It is alleged by prosecution that thereafter PW7 Partap Singh sent PW3 Kaku Chauhan for bringing weight and scale which was brought from Shillai market and on weighment 650 gram charas was found. It is alleged by prosecution that thereafter charas was put back into same polythene envelope and sealed with seal impression ‘S’. It is alleged by prosecution that thereafter NCB form Ext PW6/C were filled in triplicate and thereafter sample of seal Ext PW1/B was handed over to PW1 HC Bishan Singh. It is alleged by prosecution that thereafter search and seizure memo Ext PW1/C were prepared and rukka Ext PW2/A was sent to Police Station Shillai through PW2 HHC Rajinder Singh along with case property. It is alleged by prosecution that thereafter PW2 Rajinder Singh delivered rukka Ext PW2/A to PW6 MHC Chattar Singh on the basis of which FIR Ext PW2/B was registered. It is alleged by prosecution that PW2 deposited case property with PW6 in malkhana and entry in malkhana register at serial No.298 was recorded. It is alleged by prosecution that extract of malkhana register is Ext PW6/A. It is alleged by prosecution that thereafter PW7 Partap Singh prepared site plan Ext PW7/B and got photographs Ext P4 to P8 clicked by PW4 Constable Heera Singh from his mobile camera. It is alleged by prosecution that grounds of arrest were conveyed to accused. It is alleged by prosecution that thereafter on dated 9.11.2011 PW7 Partap Singh sent case property to FSL Junga through PW5 Constable Sunil Dutt vide RC No.53/2011 who after depositing the same in laboratory obtained its receipt which was handed over by him to PW6 Chattar Singh on his return to Police Station. It is alleged by prosecution that after receiving the report of Chemical Examiner Ext PW7/D SI Balak Ram prepared challan in the present case. Charge was framed against the accused on dated 21.9.2012 under Section 20 of Narcotic Drugs and Psychotropic Substances Act 1985. Accused did not plead guilty and claimed trial.
3. Prosecution examined as many as seven witnesses in support of its case.
Sr.No.
Name of Witness
PW1
Bishan Singh
PW2
Rajinder Singh
PW3
Kaku Chauhan
PW4
Heera Singh
PW5
Sunil Dutt
PW6
Chatter Singh
PW7
Partap Singh
4. Prosecution also produced following piece of documentary evidence in support of its case:-
Sr.No.
Description
Ext PW/A
Memo regarding identification of Charas
Ext PW1/B
Sample of seals
Ext.PW1/C
Seizure memo of charas
Ext.PW2/A
Rukka
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