The appellate court upheld the acquittal due to the prosecution's failure to produce physical evidence and establish a clear link between the accused and the alleged narcotics, reinforcing the presumption of innocence.

JUDGMENT :

Tarlok Singh Chauhan, J.

Aggrieved by the acquittal of the respondents under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( in short, “the Act”), the appellant-State has filed the instant appeal.

2. Briefly stated, the case of the prosecution is that on 29.3.2008 at about 6.45 p.m. when a police party headed by ASI Luder Singh comprising of HC Pushp. Dev No. 314, Constable Anil Kumar No. 373 was present near Shamshar in connection with detection of cases and traffic checking, one jeep bearing registration No. HP-35B-0777 was noticed coming from Gugra side, which was signalled to stop. Three persons were found sitting in the said Jeep and ASI Luder Singh asked the driver of the Jeep to produce the documents of his vehicle. In the meanwhile, two other persons who were sitting in the Jeep opened the outer door of the Jeep and fled away along with envelope and bag in their hands, however, ASI Luder Singh and other police officials managed to overpower one of those persons while the other person threw his bag on the road and fled away towards ‘Nallah’ below the road. The person, who was overpowered at the spot disclosed his name to be Kehar Singh (respondent No.1) and the Jeep driver as Rinku. On inquiry, Rinku told that Kehar Singh and Jebi Ram (respondent No.3) had boarded his Jeep behind Gugra and Jebi Ram was holding a bag in his hand and Kehar Singh was holding an envelope, but he was not aware about the contents therein. On conducting the search of the bag thrown by respondent No.3 charas in the shape of balls was found therein. Since it was getting dark and there was no provision of light on the spot, ASI Luder Singh along with accompanying officials brought respondent No.1 Kehar Singh and driver of the vehicle along with vehicle to the police station and reached there at about 7.15 p.m. The charas so recovered from the bag was weighed and found to be 5 Kg. Thereafter ASI Luder Singh drew two samples each weighing 25 grams and put the same into a separate parcel and the remaining 4 kg. 950 grams charas was put back into the same polythene envelope and bag and thereafter was packed in a parcel. The sample parcel and parcel containing the bulk were sealed with seal bearing impression 'K'. After obtaining specimen of seal, the same was handed over to HC Pushp Dev No. 314. N.C.B form in triplicate was filled by ASI Luder Singh and thereafter the contraband was taken into possession. Thereafter, respondent No.1 Kehar Singh was given option orally as well as in writing informing him about his legal right to be searched either before a Magistrate or a Gazetted Officer, but he opted to be searched by the police. Thereafter the polythene envelope, which respondent No.1 was carrying was searched and found to be containing notes amounting to Rs.1,20,000/-. These currency notes were put back in the same polythene envelope and thereafter in a separate parcel which was sealed with seal bearing impression 'K'.

3. ASI Luder Singh scribed rukka containing the aforesaid information on the basis of which FIR No. 41/08 dated 29-3-2008 under Section 20, 27-A and 29 of the Act came to be registered with Police Station, Aani.

4. ASI Luder Singh and Inspector Nathu Ram conducted the investigation. During Investigation, it was revealed that respondent No.1 Kehar Singh was servant of Jitender Kumar (respondent No.2) and on 29.3.2008 respondent No. 2 had given a sum of Rs. 1,90,000/- to respondents No. 1 and 3 for purchasing 15 kg charas, but both of them purchased only 5 kg charas for a sum of Rs.70,000/- and the remaining amount of Rs.1,20,000/- was being brought back by them. The investigation further revealed that contraband was purchased by respondent No.1 and respondent No.3 from Nari Ram and Khimi Devi, both residents of Bucchair, but during the raid conducted in the house of these persons, neither any charas nor currency notes were recovered from their houses.

5. The investigation further revealed that on