Non-compliance with Section 50 of the NDPS Act renders the recovery of illicit articles suspect and vitiates the conviction.

This appeal under Section 378 of the Code of Criminal Procedure (for short ‘Code’) by the State assailing the acquittal order passed by learned Special Judge, Chamba Division, Chamba, H.P. in Sessions Trial No.34 of 2009 held under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (for short NDPS Act).

2. The prosecution story which emerges from the record is that on 10.7.2009 H.C. Kartar Singh (PW-8) alongwith H.C. Subhash Chand, HC Roop Singh, Constable Anuj Kumar (PW-1), Constable Sanjay Kumar 9PW-3) and LHC Uttam Chand were present at Bonkhri Morh at about 12.05 PM and Sadhu Ram (PW-2) and one Pawan Kumar met them at that place. The respondent came there on foot and on seeing the police party, tried to run back but was nabbed on suspicion. The option was given to the respondent vide memo Ext.PW-1/A and the respondent opted to give his search to the police and thereafter all the police officials and two independent witnesses gave their personal search to the respondent vide memo Ext.PW-1/B, but nothing incriminating was found.

3. The further case of the prosecution is that the personal search of the respondent was conducted and one Polythene envelope of black colour was recovered which was concealed by the respondent under his belt and was tied around his waist and on checking it was found to be containing Charas which on weighing turned to be 700 grams. Two samples each weighing 25 grams were separated from the Charas so recovered, which were put in two separate parcels and each of the parcel was sealed with three seals of impression ‘A’, whereas the residue charas was put in the same envelope and thereafter sealed in a separate parcel with five seals of the same impression and all the parcels were taken into possession vide memo Ext.PW-1/D. The specimen of the seal was taken separately which is Ext.PW-1/C.

4. The NCB form Ext.PW-8/A was filled in and seal impression was also affixed on the NCB form and the seal after use was handed over to Sadhu Ram (PW-2). Rukka Ext.PW-8/B was prepared which was sent to Police Station, Dalhousie through Constable Sanjay Kumar (PW-3) and its copy Ext.PW-7/A was sent to S.P., Chamba for information through LHC Uttam Chand. On receipt of Rukka, FIR Ext.PW-4/A came to be recorded at Police Station, Dalhousie by HC Bhajan Singh (PW-4) who also made an endorsement Ext.PW-4/B on the rukka. The site plan Ext.PW-8/C was prepared by HC Kartar Singh and the respondent was arrested vide memo Ext.PW-1/F.

5. It is also the case of the prosecution that on reaching the Police Station, HC Kartar Singh, produced the case property alongwith sample seal and NCB forms before HC Bhajan Singh (PW-4) who was officiating as SHO in the presence of Constable Rajesh Kumar (PW-6) and HC Bhajan Singh released all the three sealed parcels by affixing 3 seals of impression ‘J’ on each parcel and specimen of the seal used Ext.PW-4/C was taken separately and seal impression was also affixed on the NCB form regarding which reseal memo Ext.PW-4/D was prepared. The case property was deposited in the Malkhana alongwith sample seals and NCB forms regarding which entry was made in the Malkhana register, the extract of which is Ext.PW-4/E. On 12.7.2009 vide RC No. 106/2009 copy of which is Ext.PW-4/F, all the parcels alongwith NCB forms and specimen seal impressions were forwarded to FSL, Junga through HHC Kamal Kishore (PW-10) for chemical analysis and as per the report of the Chemical Examiner Ext. PX, the entire mass of the three parcels was found to be extract of cannabis and samples of Charas. Special report Ext.PW-7/B was prepared and was sent to S.P., Chamba. The statements of the witnesses were recorded by HC Kartar Singh as per their versions.

6. After the completion of investigation, the challan was presented in the Court of learned Special Judge, Chamba, who framed the charge under Section 20 of the Act, to which the appellant pleaded not guilty and claimed trial.

7. The prosecution