Discrepancies in seals on contraband parcel, timeline contradictions, and hostile witness create reasonable doubt on case property integrity, entitling accused to acquittal under NDPS Act.

JUDGMENT :

Vivek Singh Thakur, J.

State of Himachal Pradesh has preferred this appeal against judgment dated 28.05.2013 passed by the Special Judge, Una, Himachal Pradesh, in Session Case No.08-VII-2012 titled ‘State of H.P. vs. Deepak Bhupal alias Nandu,’ in case FIR No.364 of 2010 dated 09.11.2010 (Exhibit PW-8/B) registered at Police Station Una, under Section 15 of Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’), whereby respondent has been acquitted of charge under of NDPS Act.

2. Prosecution’s case is that on 09.11.2010, Investigating Officer-SI Harjeet Singh (PW-10) along with HC Albel Singh (PW-7) and HHC Purshotam Lal (PW-9), at about 08:00 pm, was patrolling in Mehatpur Bazar, District Una. On reaching railway crossing, he noticed, in the headlights of vehicle, a person carrying a big black polythene in his left hand and was coming towards Mehatpur. On suspicion, SI Harjeet Singh (PW-10) stopped the vehicle and police personnel came out of the vehicle. The said person was then stopped by the Investigating Officer along with the accompanying police officials.

3. In the meanwhile, PW-1 Amrik Singh reached on the spot in his personal vehicle. In his presence, on inquiry, apprehended person disclosed his name as Deepak Bhupal alias Nandu son of Ram Nath, Caste Gujjar, resident of Village Jakhewal (Beetan), P.S Haroli, District Una.

4. On checking the polythene bag being carried by Deepak Bhupal-respondent, five polythene packets were found and each packet was found containing poppy husk. In presence of witnesses, Police Officials and respondent-Deepak Bhupal, contraband was identified as poppy husk and identification memo (Exhibit PW7/A) was prepared, which was signed by witnesses as well as respondent- Deepak Bupal. On weighing, in each polythene packet 900 gms each poppy husk was found and in total 4 kg 500 gms poppy husk was recovered. The polythene packets were marked as Serial Nos.A1 to A5 and were put in big polythene bag and sealed in parcel of cloth with seven seals of impression ‘K’.

5. NCB Form in triplicate (Exhibit PW-2/B) was also filled up and poppy husk was taken in possession vide Seizure Memo (Exhibit PW-7/C). A copy of memo was supplied to Deepak free of cost.

6. After sealing the cloth parcel with seven seals of impression ‘K’ and taking 3 samples of seal (Exhibit PW-7/B), the seal through memo was handed over to independent witness-Amrik Singh (PW-1). Spot map (Exhibit PW-10/A) was prepared, which was signed by witnesses and Deepak.

7. On finding commission of offence under Section 15 of NDPS Act, a Ruqua (Exhibit PW-8/A) was prepared by SI Harjeet Singh (PW-10) and was sent to Police Station through HHC Purshotam Lal (PW-9), whereupon FIR No.364 of 2010 dated 09.11.2010 (Exhibit PW- 8/B) was registered under of NDPS Act. Thereafter, HHC Purshotam Lal (PW-9) came back to the spot along with case file. At 11:55 pm respondent was arrested, in respect of which arrest memo (Exhibit PW-7/D) was prepared.

8. On reaching the Police Station, SI Harjeet Singh (PW-10) handed over the sealed parcel to SHO R.R. Thakur-PW8, who, in turn, resealed the parcel with five seals of impression ‘A’ and seal impression (Exhibit PW-8/D) was taken on piece of cloth. SHO R.R. Thakur-PW8 filled column Nos.9 to 11 of NCB forms, and case property along with NCB forms was handed over to PW-2 MHC Ajaib