The main legal point established in the judgment is the significance of resin contents in determining the nature of the contraband substance under the NDPS Act.

JUDGMENT :

DHARAM CHAND CHAUDHARY, J.

1. State of Himachal Pradesh is in appeal before this Court. The complaint is that learned Special Judge, Kullu, Division at Kullu has erroneously acquitted the accused of the charge under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as =the NDPS Act' in short), vide impugned judgment dated 1.12.2012 passed in Sessions trial No. 50 of 2010.

2. The legality and validity of the impugned judgment has been questioned before this Court on several grounds, however, mainly that the trial Court has miserably failed to appreciate the evidence available on record in its right perspective and also the law applicable to the case in hand.

3. The prosecution case, as disclosed from the record, in a nut shell, is that a police party headed by PW-7 SI Het Ram of Police Post City Akhara Bazar, Kullu accompanied by Constable Anil Kumar and Constable Diwan Chand (PW-6) vide rapat Ext. PW-2/A proceeded for patrolling at night time i.e. around 12:45 AM. It was around 3:00 AM when the police party present at Bhootnath temple, the accused was spotted coming from left bank road towards bridge connecting Bhootnath temple. On seeing the police party, the accused tried to escape, however, was apprehended by PW-7 with the help of police officials accompanying him. On enquiry, the accused has disclosed his name and other antecedents. Though, Constable Anil Kumar was deputed to call someone for being associated as independent witness, however, due to odd hours no one was found available. PW-7 SI Het Ram had thus associated Constable Anil Kumar and PW-6 Constable Diwan Chand as witnesses and apprised the accused about his legal right of being searched either before a nearby Magistrate or a Gazetted Officer vide memo Ext. PW-6/A. He, however, agreed for his search by the police itself. PW-7 SI Het Ram had thus offered his own search first to the accused vide memo Ext. PW-6/B, however, nothing incriminating could be recovered from his possession. It is the bag Ext. P-2, the accused was holding with him, which was searched and charas weighing 825 grams recovered therefrom. After sampling and sealing process and filling up the NCB-I form Ext. PW-3/D in triplicate, the recovered charas was taken into possession vide recovery memo Ext. PW-6/D. The sample of seal Ext. PW-6/C was drawn separately. A copy of the recovery memo was supplied to the accused free of costs. It is thereafter, the rukka Ext. PW-3/A was prepared and handed over to PW-6 Constable Diwan Chand for being taken to Police Station Kullu for registration of the case. On receipt of rukka Ext. PW-3/A, SI Tej Ram (PW-3), the then Addl. SHO, Police Station Kullu has registered FIR Ext. PW-3/B. The accused was thereafter arrested. He was apprised about the grounds of his arrest i.e. the offence he committed and the sentence provided therefor under the NDPS Act. The information qua his arrest was also given to the persons of his choice.

4. On completion of the investigation at the spot, PW-7 SI Het Ram has produced the accused and also the case property before Addl. SHO Tej Ram who has resealed the case property with seal ?A? and also filled in the relevant columns of the NCB-I form Ext. PW-3/D. The facsimile of seal ?A? Ext. PW-3/E was drawn separately. The case property was thereafter deposited in the malkhana with MHC Police Station, Kullu for safe custody. The special report Ext. PW-5/A was prepared and submitted to Addl. Superintendent of Police, Kullu. On receipt of the report of chemical examiner Ext. PW-7/D, report under Section 173 Cr.P.C. was filed against the accused in the trial Court.

5. Learned Special Judge on appreciation of the report and the documents annexed therewith has concluded that a prima-facie case under Section 20 of the NDPS Act is made out against the accused. Charge against the accused was framed accordingly. Since he pleaded not guilty to the charge therefor, the prosecution was called upon to