IMPORTANT POINT
Stringent the punishment, stricter the degree of proof required, since higher degree of assurance is required to convict the accused.

JUDGMENT

Vivek Singh Thakur, J.—Instant appeal has been preferred by the State of Himachal Pradesh against acquittal of respondentOm Parkash vide judgment, dated 14th January, 2011, passed by the learned Presiding Officer, Fast Track Court, Solan, in Case No. 11 FTC/7 of 2010 arising out of case FIR No. 98/2009 registered at Police Station Parwanoo, District Solan, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘NDPS Act’).

2. We have heard learned counsel for the parties and have gone through the record.

3. Prosecution case, in brief, is that on 28th November, 2009, after recording G.D. Entry No. 34 (a), Ex. PW4/A, PW12 ASI Ram Lal alongwith PW1 HC Ashok Kumar, PW7 HC Bhagirath, PW11 Constable Rajesh Kumar and Constable Gurcharjit Singh (not examined) left the Police Station at about 11.10 p.m. in official vehicle Bolero Camper being driven by Constable Desh Raj (not examined) having search light, investigation kit and weights and scale for checking of vehicles and Nakkabandi in the area of Sector 3, Parwanoo etc. At about 12.35 a.m., police party stopped a HRTC bus plying from Rohru to Delhi near Shivalic Agro Factory, Sector 3, Parwanoo and conducted routine checking of luggage of passengers. During checking, a person sitting on seat No. 14 was found with a bag in his lap and one bag between his legs below the seat. On checking these bags, a mobile charger with lead and a tshirt were found in the bag which was in his lap and in another bag, a brown pant, a woolen shawl and a polythene packet were found. In the polythene packet, charas in round and stick shape was recovered. Person alongwith bags was brought out of the bus from the front door and driver and conductor of the bus were also called outside the bus, who disclosed their names to be Vinod Kumar and Nagender, respectively. Name of owner of bag was also asked in presence of driver and conductor of the bus, who disclosed his name and identity as respondent.

4. Thereafter, identification slip of recovered contraband Ex. PW1/A was prepared and on weighing, recovered charas was found to be 4 kg 400 grams. Recovered charas was put in the polythene bag and was again put in bag alongwith shawl and the bag was sealed in a packet of cloth by affixing seal ‘A’. Another bag was also sealed in a separate piece of cloth with the same seal ‘A’. Sample of seal was taken and it was handed over to PW7 HC Bhagirath. Memo Ex. PW1/C was prepared in this regard. Parcels were taken into possession vide property search and seizure form Ex. PW1/D and Ex. PW1/E. NCB form in triplicate was filled in. During the search and seizure process, PW1 HC Ashok Kumar had also taken photographs of the proceedings with digital camera, which were downloaded by PW10 ASI Chander Shekhar on the computer for taking prints Ex. P10 to P12 of the said photographs.

5. After seizure of the contraband, rukka Ex. PW12/B was sent to Police Station at 2.10 a.m. through PW11 Constable Rajesh Kumar, who handed over the same to PW4 MHC Prem Singh, which was fed in the computer by the said MHC and FIR Ex. PW4/B was registered, which was signed by PW9 SHO Govind Ram. After registration of FIR, PW11 Constable Rajesh Kumar brought the case file to the spot. PW12 ASI Ram Lal completed the proceedings on the spot. During this process, respondent also produced bus tickets from Karsog to Shimla worth Rs.90/Ex. P1 and from Shimla to Samlakha worth Rs.200/Ex. P2, vide memo Ex. PW1/F. Spot map Ex PW12/C was prepared. Statements of witnesses were recorded and respondent was arrested at 5.30 a.m. after giving information of his arrest to him and his father. Memo Ex. PW12/D was prepared in this regard.

6. As per prosecution case, police party returned to Police Station at 7.40 a.m. and produced the case property before PW9 SHO Govind Ram, who resealed the recovered contraband with seal ‘G’. After taking sample of seal ‘G’ on the piece of cloth, filling up relevant column in NCB