The main legal point established in the judgment is the importance of complying with the mandatory provisions of the ND&PS Act, particularly regarding the personal search of the accused persons, and the need for clear communication of the accused's rights under Section 50 of the Act.

Chander Bhusan Barowalia, J.

The present appeal is maintained by the appellant/State, laying challenge to judgment dated 28.10.2014, passed by learned Special Judge-II, Kullu, District Kullu, H.P., in Sessions Trial No. 78 of 2014, whereby the accused/respondents (hereinafter referred to as “the accused persons”) were acquitted for the commission of offence punishable under Section 20 of Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as “ND&PS Act”).

2. The background facts, as projected by the prosecution, can succinctly be summarized as under:

On 21.12.2013, around 03:30 p.m. at Check Post Bajaura, police party was checking the vehicles. At about 07:00 p.m. a Volvo bus, having registration No. PB01-A-2205 of Indo Canadian, being driven by Gurmukh Singh came from Kullu side. The bus was intercepted by the police team and parked for checking. Head Constable Chaman Lal and ASI Mahant Ram alongwith the driver of the bus checked the same and during checking, when the police officials reached at seats No. 46 and 47, they found the accused persons sitting on the said seats by covering themselves with blanket. On being inquired about their names, they got perplexed. A red coloured bag was found, which was kept in between two seats, and the accused persons claimed the same. The bag was checked and it was found containing three packets. Both the accused persons were taken alongwith their bag to nearby Forest Check Post. Firstly, Head Constable Chaman Lal, in presence of witnesses, gave his personal search to the accused persons and nothing incriminating was found. Subsequently, the bag was opened in presence of the accused persons as well as the witnesses and three packets, which were wrapped with brown tape, were found and on opening the said packets stick and pane cake shaped charas was found. On weighment with electronic weighing scale, charas was found 2 kg and 50 grams. The recovered contraband was taken into possession and put inside a cloth parcel and the same was sealed with eight seals of seal having impression ‘H’ and the sample seal was handed over to ASI Mahant Ram. The case property was seized through a seizure memo after filling NCB-1 form. Rukka was prepared and sent through ASI Mahant Ram to police station for registration of FIR and consequent thereto FIR was registered. The spot map was prepared and the statements of the witnesses were recorded. The accused persons were arrested and the case property alongwith relevant documents and sample of seal was handed over to SI/SHO Lal Chand for resealing. Accordingly the case property was resealed with three seals having impression ‘T’. The facsimile of seal impression ‘T’ was taken separately on a piece of cloth and after filling the relevant columns of NCB-1 form, the case property alongwith the samples etc. was handed over to MHC Gian Chand for being deposited in malkhana. The case property alongwith the samples etc. was deposited in the malkhana and the relevant entry to this effect was made in the malkhana register. The case property was sent to FSL, Junga, vide RC No. 212/2013, for chemical analysis and the receipt thereof was handed over to Head Constable Gian Chand. Special report was prepared and the same was endorsed by the then Deputy Superintendent of Police, Shri Sanjay Sharma. The report of forensic analysis revealed that the sample contained extract of cannabis. The accused persons were found in exclusive and conscious possession of 2 kg 50 grams charas. After conclusion of investigation, challan was presented in the Court.

3. The prosecution, in order to prove its case, examined as many as nine witnesses. Statement of the accused persons were recorded under Section 313 Cr.P.C., wherein they pleaded not guilty. The accused persons did not lead any evidence in their defence.

4. The learned Trial Court, vide impugned judgment dated 28.10.2014, acquitted the accused persons for the offence punishable under Section 20 of the ND&PS