Appellate court upholds acquittal under NDPS Act if trial view possible; strict compliance with sampling procedures essential; witness contradictions, no independent corroboration fatal to prosecution.

JUDGMENT :
Satyen Vaidya, J.

This appeal has been filed by the State of Himachal Pradesh under Section 378 of the Code of Criminal Procedure against the judgment of acquittal dated 06.07.2013, passed by learned Special Judge (I), Una, District Una, H.P. in Sessions Case No.13 of 2012.

2. All the respondents herein were tried for commission of offence under Section 15 of Narcotic and Psychotropic Substances Act, 1985 (for short, “the NDPS Act”).

3. The respondents were charged with allegation that during the intervening night of 1st and 2nd May, 2012, Poppy straw/husk weighing 135 Kgs was recovered from their conscious and exclusive possession, at place Kuthar Beet within the jurisdiction of Police Station Haroli, District Una, while the said contraband was being transported in truck bearing registration No. PB-30C-3237.

4. The specific allegations against the respondents were that respondent No.2 Satnam Singh (R-2) son of Mohinder Singh was the driver of the truck and respondent No.3 Gurdeep Singh (R-3) was its conductor. As regards respondent No.1 Satnam Singh son of Shri Kartar Singh (R-1), it was alleged that the said respondent was also an occupier of the truck and had fled into darkness, at the site of police, after jumping from the truck.

5. The case as set up by the prosecution was that during the intervening night of 1st and 2nd May, 2012, the police officials of Police Station Haroli were on night patrol duty in their vehicle HP-20C-0507. At about 3:00 AM, truck bearing No. PB-30C-3237 was sighted by the police party at place known as Kuthar Beat. PSI Raman Kumar (PW-1) signaled the truck to stop. The moment the truck was stopped, a person jumped out and fled into darkness, who was identified as Satnam Singh @ Satta (R-1). Though, he was chased by HC Vipin Kumar and HC Balbir Singh, but in vain. The driver and conductor of the truck were on the spot. A search of the truck was conducted in their presence and six sacks were found loaded in the tool box of the truck. The sacks were brought down and were checked. SHO (PW-25) tasted the contents of each of the sack and found it to be poppy husk.

6. On weighment, the entire bulk of the contraband was found 135 Kgs. The representative samples weighing 1 Kg each from each of the sack were drawn. Sacks were marked as S-1 to S-6, whereas the envelopes containing samples were marked as T-1 to T-6. The sacks containing the bulk as also the sample parcels were sealed with seal impression ‘K’. Each of the sack containing bulk was sealed with one seal each, whereas the samples were sealed with three seals each. The specimen of the seal was preserved on the piece of cloth and on NCB-1 form. The seal was handed over to PW-1 PSI Raman Kumar after use. The plastic sacks, sample parcels, truck along with its documents were taken in possession. The recovery and seizure memos were prepared.

7. Rukka was sent to Police Station through HC Sushil Kumar (PW-12), on the basis of which FIR Ext. PW-6/A was registered at Police Station Haroli. The site plan was prepared. Statements of the witnesses were recorded under Section 161 Cr.P.C. R-2 and R-3 were formally arrested and information regarding their arrest was given to their relatives.

8. Thereafter, police party r