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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Rajiv Sharma, Ajay Mohan Goel, JJ.
Narcotics Control Bureau - Appellant
Versus
Ajmer Kumar and another - Respondents
Cr. Appeal No. 428 of 2010
Decided On : 13-04-2016
Narcotic Drugs - Acquittal - Sections 8, 18, 29, 60 of the Narcotic Drugs & Psychotropic Substances Act, 1985 - The court discussed the evidence presented by the prosecution and the lack of proof for the alleged confessional statements and the deposition of case property. The judgment highlighted the failure of the prosecution to prove the case against the accused under the mentioned sections of the Act.
Fact of the Case:
The prosecution accused two individuals of drug trafficking based on a secret information received by the Intelligence Officer. The accused were apprehended, and opium was found in their vehicle. The prosecution presented witnesses and evidence, but the court found that the prosecution failed to prove the case against the accused.
Finding of the Court:
The court found that the prosecution failed to prove the case against the accused under Sections 8, 18, 29, and 60 of the Narcotic Drugs & Psychotropic Substances Act, 1985.
Issues: The main issue was whether the prosecution had provided sufficient evidence to prove the case against the accused under the relevant sections of the Act.
Ratio Decidendi: The court's decision was based on the lack of proof for the alleged confessional statements and the deposition of case property, leading to the failure of the prosecution to prove the case against the accused.
Final Decision: The appeal was dismissed, and the court upheld the acquittal of the accused.
JUDGMENT :
Rajiv Sharma, J.
This appeal has been instituted against Judgment dated 15.7.2010 rendered by the learned Special Judge, Fast Track Court, Solan, District Solan, Himachal Pradesh in Case No. 4FTC/7 of 2009, whereby respondents-accused (hereinafter referred to as 'accused' for convenience sake), who were charged with and tried for offence under Sections 8, 18, 29 and 60 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act' for convenience sake), have been acquitted.
2. Case of the prosecution, in a nutshell, is that on 19.10.2008 at about 2 AM a secret information was received by R.C. Bodh, Intelligence Officer that two persons namely Ajmer Kumar and Balwinder Singh are involved in drug trafficking and they will come from Baddi side towards Pinjore on Baddi Pinjore road on 19.10.2008 between 5 to 7 AM in their silver grey coloured Scorpio vehicle. Number of the vehicle was also given. Information was reduced into writing and put up before the Superintendent, Narcotics Control Bureau, Chandigarh and he directed the Intelligence Officer to constitute a team and lay Naka at Baddi. Search authorisation was also issued. At about 4 AM, complainant alongwith Ganesh Balooni, Intelligence Officer, Shri Rajesh Kumar, Sepoy and Shri Balwinder Singh, Sepoy associated two independent witnesses Mr. Kartar Singh and Jaswinder Singh to witness the whole process. The complainant alongwith the team of Narcotics Control Bureau and independent witnesses placed a Naka at Baddi near toll barrier Baddi on Baddi-Pinjore road at 4.20 AM. At 6.30 AM a grey coloured Scorpio vehicle was seen coming from Baddi side in which two persons were noticed. The NCB team signalled the vehicle to stop. It was stopped at a little distance. The NCB team ran to the vehicle and on reaching there, the complainant showed his identity card to both the persons sitting inside the vehicle and introduced himself, NCB team and witnesses. The persons sitting in the vehicle were told that the NCB team had an information that a consignment of opium is being transported in the vehicle and they wanted to search the same. On this, the person driving the vehicle took out his pistol and after cocking the same aimed towards the complainant with intention to fire. In the meantime, NCB team snatched the pistol from him. Both the persons tried to run away. The NCB team overpowered the accused. Accused disclosed their identity and also divulged that they were taking delivery from a person named Bagga. Complainant searched the vehicle and found black coloured substance in the coloured polythene under the rear seat of the vehicle. Small substance was taken out by the complainant and was given to Shri Ganesh Balooni, Intelligence Officer, who conducted test with the help of field drug detection kit and told that it was opium. It weighed 10 kg. It was taken into possession vide separate seizure memo, which was signed by the accused, witnesses and the complainant. Complainant took out small quantity from different places of the recovered opium and made two representative samples of 25 grams each, which were packed in small polythene pouch and were heat sealed and placed in a separate envelop and on opening side on both the envelopes, white paper slip was pasted. Representative samples marked A1 and A2 and remaining opium was packed in a big transparent polythene, heat sealed and again kept in a cloth bag. Impressions of NCB seal 06 were taken on test memos and Panchanama was prepared by the complainant on the spot and seal after use was returned to Ganesh Balooni. Signatures were put on sample parcels and Lot A by the accused persons, witnesses and the complainant. Accused were arrested after explaining grounds of arrest and information of their arrest was given to their family members telephonically. Accused alongwith Lot A, two representative samples A1 and A2 and seized vehicle was produced before ACJM Kasauli on 20.10.2008 from where both the acc
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