Compliance with Section 50 of the NDPS Act is essential, failing which evidence obtained may be deemed inadmissible, and acquittal may be warranted due to lack of credible evidence.

JUDGMENT :

Vivek Singh Thakur, J.

This appeal has been preferred by State of Himachal Pradesh against judgment dated 08.04.2015, passed by Special Judge, Mandi, District Mandi, H.P. in Sessions Trial No. 23/2010, titled as State of Himachal Pradesh vs. Anil Kumar alias Rinku in case FIR No. 18/2010, dated 30.01.2010, registered in Police Station Aut, District Mandi, H.P. under Section 20 of Narcotic Drugs & Psychotropic Substances Act, 1985 (in short ‘NDPS Act’), whereby respondent has been acquitted of charge framed for having been found in exclusive and conscious possession of 450 grams of cannabis/charas on 30.01.2010 at about 3:00 P.M. on National Highway at place Jhalogi.

2. Prosecution’s case is that on 30.01.2010, PW-9 ASI Satpal Sharma along with police party, consisting of HC Hari Singh, C. Bhav Dev, HHG Chet Ram and HHG Mittar Dev, while on patrolling and coming from Hanogi Mata to Aut, at about 3:00 P.M. at Jhalogi road, situated on NH-21, noticed a person coming from opposite side, who on seeing the police party nearer to him, became perplexed and started walking briskly after turning around, creating doubt of stolen articles with him, whereupon PW-9 ASI Satpal Sharma along with accompanying officials overpowered the said person, who on inquiry disclosed his name and address as Anil Kumar, S/O Sh. Harmesh Kumar, R/O Village Nabha, P.O. Jattanwala, Tehsil Nabha, P.S. City Nabha, Patiala (Punjab).

3. According to police story, because the spot was secluded, no independent witness was available, whereupon Investigating Officer (PW-9) associated two officials accompanying him as witnesses, namely HC Hari Singh and Constable Bhav Dev. Thereafter, police party gave its jamatalashi to Anil Kumar and then, thereafter obtaining consent of respondent under Section 50 of NDPS Act, Anil Kumar was searched and during search, a solid substance was found wrapped in polythene below the knees. On checking and on the basis of experience, this black cylindrical (battinuma) substance was found to be Charas, which was weighed on the spot with the measurement balance, brought by the Investigating Officer along with him and it was found 450 grams. After weighing, the wrappers were put in the same bag and, thereafter, NCB form in triplicate (Ext. PW6/B) was filled in and the recovered contraband was taken in possession, vide memo (Ext. PW2/A), after sealing the same with six seals of impression ‘T’. Sample seal was also taken and after using the seal, it was handed over to HC Hari Singh. After preparing ruqua (Ext. PW9/B), PW-9 sent the same to SHO, Police Station Aut, District Mandi, H.P. for registration of FIR through PW-2 HC Bhav Dev at 4:30 P.M., whereupon FIR (Ext. PW10/A) was registered at 5:00 P.M. Thereafter, PW-2 brought the case file on spot. On finding prima-facie complicity of the respondent for commission of offence, he was arrested at 6:45 P.M., vide memo (Ext. PW9/D) and information with respect to arrest was given, vide arrest memo (Ext. PW9/D), according to which respondent had expressed his desire to inform his father about his arrest, whereupon his father was informed accordingly.

4. After returning from the spot, Investigating Officer produced the contraband and case property along with documents to SI/SHO Shreshtha Thakur (PW-10), who resealed the parcel with seal impression ‘A’ and prepared memo (Ext. PW10/B) in this regard. Sample seal (Ext. PW10/C) was also prepared and case property along with documents was handed over to MHC Kashmir Singh (PW-6), who entered the same in malkhana register, extract whereof has been placed on