1. - Instant appeal arises out of the judgment dated March 31, 2001 of the learned Special Judge, NDPS Cases Hanumangarh rendered in Sessions Case No. 17/2000, whereby the appellant was convicted and sentenced under Section 8/15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 s (for short 'NDPS Act') to undergo rigorous imprisonment for ten years and fine of Rs. one lac in default to further undergo imprisonment for two years.

2. The prosecution story is that the SHO of Police Station Rawatsar Manohar Lal (PW14) received a secret information on June 3, 2000 about the Poppy Husk transporting in the jeep bearing No. RJ-13C-2519 driven by Chetan Ram and two other persons. The information was forwarded to the Circle Officer Nohar and on June 4, 2000 at about 10.10 AM the jeep was intercepted, in which three persons were found sitting, who on seeing the police party got down from the jeep and started running. The two persons fled away but appellant Chetan @ Chet Ram was caught. The jeep was searched and 8 bags of Poppy Husk each contained 40 Kg. and a half bag containing 20 kg. were found. Poppy Husk was seized and sealed. The persons who escaped were known as Ramesh and Jai Prakash. They were also arrested subsequently. Necessary memos were drawn and after usual investigation charge sheet was filed. Charge under Section 8/15 NDPS Act was framed against the appellant, who denied the charge and claimed trial. The prosecution in support of its case examined as many as fourteen witnesses. The appellant in his explanation under Section 313 Cr.PC. claimed innocence, however no witness in defence was examined. On hearing final submissions the learned trial Judge convicted and sentenced the appellant as indicated above.

3. I have reflected over the rival submissions and perused the material on record.

4. Admittedly the co-accused Ramesh @ Rameshwar and Jai Prakash @ J.P. were prosecuted alongwith the appellant, but they were acquitted since they were arrested afterwards and no recovery was effected from them. Having closely scanned the testimony of prosecution witnesses, I find that jeep in question was not owned by the appellant. Balwant Ram (PW13) admitted that the appellant at the time of his arrest, was at a distance of one and a half kilometer from the jeep. Bajrang Lal (PW1), Yunus Mohd. (PW3) and Lekh Ram (PW4), who were motbirs of recovery and allegedly chased and caught hold of appellant, did not support the prosecution case and have been declared hostile.

5. The prosecution thus failed to establish beyond reasonable doubt that 8 and -half bags containing 340 kg. of Poppy Husk were recovered from the conscious possession of the appellant. The case of the appellant is not distinguishable with that of the case of other co-accused persons Ramesh and Jai Prakash who have been acquitted of the charge by the learned trial judge.

6. For these reasons I allow the appeal and set aside the impugned judgment dated March 31, 2001 of learned Special Judge, NDPS Cases, Hatturnaingach. I acquit the appellant Chetan @ Chet Ram of the charge under Section 8/15 of the NDPS Act. The appellant, who is in jail, shall be set at liberty forthwith, if not required to be detained in any other case.Appeal Allowed.

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