The central legal point established in the judgment is the interpretation of possession and conscious possession under Section 20 of the ND & PS Act.

Rajiv Sharma, J.

The State has come up in appeal against the judgment dated 6.12.2007 rendered by the learned Addl. Sessions Judge, Fast Track Court, Dharamshala, in Sessions Case No. 26- B/VII/07, Sessions Trial No. 30/07, whereby the respondents accused (hereinafter referred to as accused) who were charged with and tried for offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, were acquitted.

2. The case of the prosecution, in a nut shell, is that on 11.8.2007, the accused were travelling in a Maruti Van bearing No. HP-01-M-0518. It was driven by Ranu Ram and co-accused Puran Chand was sitting on the front seat. When the vehicle crossed Kangra-Mandi boundary check post and reached at a distance of half kilometer towards Baijnath, it was signaled to be stopped by the police party headed by ASI Partap Singh. ‘Naka’ was laid on the spot. Accused Ranu Ram did not stop the Van. He dashed the vehicle with a stone at a distance of 50 mts. from the place of occurrence towards Baijnath. The police immediately swung into action. It was found that near the hand break of the Van, in between both the seats of the driver and co-accused, a bag was found. It was checked. It contained 3.700 kg charas in the shape of sticks. The police, after conducting search of the bag took two samples of 25 gms. each from the charas. The samples and the bulk of charas were packed and sealed in cloth parcels. The police also filled in the NCB forms in triplicate. The accused were arrested. The case property was deposited with the MHC who made entry in the register and thereafter one of the samples was sent for chemical analysis to FSL Junga. The report was received and thereafter, the challan was put up after completing all the codal formalities.

3. The prosecution has examined as many as 8 witnesses. The accused were also examined under Section 313 Cr.P.C. The accused have denied having committed any offence. Their defence was of complete denial. The learned trial Court acquitted both the accused, as noticed hereinabove. Hence, this appeal, at the instance of the State.

4. Mr. Ashok Chaudhary, learned Addl. Advocate, General has vehemently argued that the prosecution has proved its case against the accused. Mr. G.R.Palsra and Mr. N.S.Chandel, Advocates appearing for the respective accused have supported the judgment dated 6.12.2007 of the learned trial Court.

5. We have heard learned counsel for both the sides and gone through the records of the case carefully.

6. PW-1 HC Puni Chand deposed that on 11.8.2007, he alongwith other police officials accompanied ASI Partap Singh, HC Ajeet Kumar etc. on patrol. They intercepted Maruti Van which was coming from Mandi side. The vehicle was signaled to stop but the same dashed against a stone at a distance of 50 meters. The vehicle was taken into possession. On enquiry, the accused Ranu was found to be the driver of the vehicle. Puran Chand was travelling in that vehicle while sitting on the front seat. The search of the vehicle was conducted. It was a deserted place. Near the hand brake, one bag containing charas was found. It was weighed. It weighed 3.700 kgs. Two samples of 25 gms each were drawn out. The samples as well as the remaining bulk of charas were packed and sealed with seal ‘P’ at three places each in cloth parcel. Impression of seal ‘P’ were taken on two cloth pieces vide Ext. P-1 and P-2 and the same were taken into possession vide seizure memo Ext. PW-1/A. Seal after its use was handed over to Constable Ajit Kumar. NCB forms in triplicate were filled in. The codal formalities were completed and ‘rukka’ was sent through HC Sampuran Singh to the Police Station. In his cross-examination, he deposed that barrier in between Mandi and Kangra was at village Ghatta, half kilometer away from where the accused were apprehended. They were on the Baijnath side. He admitted that there is a Forest Barrier and the forest officials remain on duty throughout day and night. Voluntee