Appeal against NDPS acquittal dismissed upholding trial court due to contradictions in official testimonies, document/FIR anomalies, weight discrepancies creating reasonable doubt; appellate interference limited absent perversity, respecting double innocence presumption.

JUDGMENT :

Romesh Verma, J.

The present appeal arises out of the judgment of acquittal as passed by the learned Special Judge (III), Mandi, District Mandi, H.P. on 27.04.2015 whereby the present respondent has been acquitted of the charges framed against him under Sections 20 and 18 of the Narcotic Drugs and Psychotropic Substances Act (for short ‘NDPS Act’).

2. The case of the prosecution is that on 10.03.2010 Inspector Hemant Kumar along with SI Kamla Ghai, SI Rishi Raj, HC Yog Raj, Constable Rajesh Kumar, Constable Pramod Kumar and HHG Mehar Singh, was on patrolling duty and detection of crime in Govt. vehicles bearing registration No. HP-33A-8793 and HP-03-2072 which were being driven by drivers Constable Hira Lal and HHG Vikku Ram, respectively. When the police party was present at place Kao Road, which was one kilometer ahead of Thalaut Bridge and had laid a ‘naka’ there, then, at about 4.30 a.m., one person came from the side of village Basan and the said person was stopped by the police party. One seeing the police party, he got scared and at once tried to run away. On the basis of suspicion, the said person was apprehended by the police party. On inquiry, he disclosed his name Karam Singh, son of Shri Mansa Ram, resident of Village Basan, Post Office Thalaut, Tehsil and District Aut, District Mandi, H.P. The aforesaid place was secluded one and no independent witnesses could be associated. Therefore, Inspector Hemant Kumar associated SI Rishi Raj and HC Yog Raj as witnesses and the said person was apprised that he is having legal right to give his search either to a Gazetted Officer or to the Magistrate and he gave his consent vide memo Ext. PW5/A to be searched by the police officer. Before conducting the search of the aforesaid person, the police officials also gave their search to the accused vide Fard Ext. PW1/A. During search of the said person, he was having one black coloured bag on his left shoulder on which word “D DIESEL” was written. On opening the aforesaid bag, two ‘khakhi’ envelopes in plastic tape packing were recovered, out of which in one envelope which was in ‘khakhi’ tape, a black substance in round shape was found in a white plastic envelope which on smelling and on the basis of experience was found to be ‘charas’/cannabis and, on weighing, it was found to be 400 grams. On opening another envelope, a green plastic envelope was found in which a black and brown coloured soft substance was found. On smelling and testing, the same was found to be opium which on weighing was found to be 500 grams.

3. The recovered charas and opium were packed in two different ‘pullindas’ and were sealed with seal impression ‘C’ at six places each. The recovered bag was also put in a ‘pullinda’ which was also sealed with six seal impression of ‘C’. NCB-1 forms in triplicate were filled. The specimen of seal impression Ext. PW5/B was separately taken on a piece of cloth in the presence of aforesaid witnesses and the recovered substance along with NCB-1 form was taken into possession vide memo Ext. PW5/C. Rukka Ext. PW1/B was sent through Constable Pramod Kumar to the police station on the basis of which FIR Ext. PW8/A was registered and an endorsement Ext.PW8/B was made on rukka. Thereafter, the accused person was arrested vide memo Ext.PW6/D. As per his disclosure, his arrest informa