The legal principle established in State of Rajasthan v. Parmanand regarding individual communication and consent under Section 50 of the NDPS Act was central to the court's decision.

Rajiv Sharma, J.

1. This appeal is instituted at the instance of the State against the judgment dated 15.3.2013, rendered by the learned Special Judge P.O. (FTC), Mandi, H.P., in Sessions trial No. 29/2010, whereby the respondents-accused (hereinafter referred to as the accused), who were charged with and tried for offences punishable under Sections 20 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ND & PS Act), have been acquitted.

2. The case of the prosecution, in a nut shell, is that on 1.1.2010, Insp./SHO Madan Dhiman (PW-8) along with HC Girdhari Lal (PW-4), HC Rajinder Kumar, HHC Ranvir Singh, Const. Rakesh Kumar (PW-5) and Const. Shankar Kumar was on patrolling duty in their official vehicle bearing registration No. HP-31B-0190 vide rapat No. 5 Ext. PW-8/A at about 3:30 AM. The police party was on patrolling duty via Purana Bazar Handeti. At about 4:00 AM, when they reached at place called Tail Control, Sundernagar, in the meantime, two persons came on foot from Saini Filling Station towards bus stand, who on seeing the vehicle of the police started running back. They were apprehended. They disclosed their identity. Both the accused were apprised of their legal right to be searched either before a Magistrate or before a Gazetted Officer vide memo Ext. PW-4/A in the presence of witnesses HC Rajender Kumar and Girdhari Lal. Both the accused gave their willingness to be searched by the police. Police officials also gave their personal search to the accused vide memo Ext. PW-4/B. Thereafter, search of accused Som Nath was carried out. Two packets wrapped with yellow colour tape with the calf of both the legs were found. Similarly, search of accused Narender Pal was carried out. Black coloured substance in the shape of sticks wrapped in a piece of newspaper kept around his vest with the help of yellow colour tape was found. It weighed 3 kg. 200 grams. NCB-I form in triplicate Ext. PW-8/B was filled in on the spot from column No. 1 to 8 and seal impression “A” was embossed over it. IO prepared rukka Ext. PW-8/C and sent the same to the Police Station through Const. Rakesh Kumar at about 5:30 AM, on the basis of which, FIR Ext. PW-6/A was registered. The case property was deposited in the malkhana. The case property was sent to FSL, Junga through PW-3 Const. Vyas Dev. The investigation was completed and the challan was put up after completing all the codal formalities.

3. The prosecution, in order to prove its case, has examined as many as eight witnesses. The accused were also examined under Section 313 Cr.P.C. According to them, they were falsely implicated. The learned trial Court acquitted the accused, as noticed hereinabove. Hence, this appeal.

4. Mr. V.S. Chauhan, Addl. Advocate General for the State has vehemently argued that the prosecution has proved its case against the accused. On the other hand, M/S Devinder K. Sharma and Pawanish Shukla, Advocates for the respective accused have supported the judgment of the learned trial Court dated 15.3.2013.

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

6. PW-3 Const. Vyas Dev testified that he took the case property on 1.1.2010 and deposited the same at FSL, Junga on 2.1.2010.

7. PW-4 HC Girdhari Lal testified that he along with other police officials was on patrolling duty. At about 4:00 AM, when they reached near Tail Control, Sundernagar, in the meantime, two persons came on foot from Saini Filling Station towards bus stand, who on seeing the vehicle of the police started running back. They were apprehended. They disclosed their identity. No persons were available to be associated as witnesses in the investigation. Both the accused were apprised of their legal right to be searched either before a Magistrate or before a Gazetted Officer vide memo Ext. PW-4/A in the presence of witnesses HC Rajender Kumar and Girdhari Lal. Both the accused