Appeal against acquittal under NDPS Act: Interference only if trial court's view perverse or impossible; here, witness inconsistencies, procedural lapses justify upholding acquittal.

JUDGMENT :

Romesh Verma, J.

The present appeal arises out of judgment of acquittal, as passed by the learned Special Judge-III, Solan dated 2.5.2015, whereby the accused/respondent has been acquitted in case FIR No. 95/2010, dated 25.7.2010, registered at Police Station Dharampur, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act).

2 The facts, as enumerated by the prosecution, are that on 25.7.2010, ASI Choli Ram along with PSI Kshma Dutt, HC Hem Raj, Constable Uma Ram, Constable Devinder Kumar and Constable Ali Mohammad as per rapat No.4 went to NH22 and during this time, it was found that in Volvo bus bearing registration No. HR68-7259 of Haryana Roadways, which was coming from Delhi to Shimla, one person occupying seat No.32 was misbehaving and fighting with the passengers. After seeing the police officials, the said person immediately got up from his seat and started to flee towards door of the bus. The said person was carrying green coloured bag and he tried to escape from the police. The said person was apprehended and thereafter taken to the Police Station along with conductor, driver and other passengers of the bus. The name of said person was inquired, who told his name to be Rajinder Singh, son of Sita Ram, village and post office Balag, Tehsil Theog, District Shimla. The bag, which he was carrying, was opened in the presence of the witnesses, wherein one white coloured plastic bag, on which circles, in red and blue, were incorporated, was found to be containing black coloured substance in shape of balls and sticks. As per experience of the I.O. the recovered substance was charas, which on weighing was found to be 2 kg 300 grams. Thereafter, the recovered contraband was again put in the same white coloured plastic bag and thereafter in green coloured bag and sealed in parcel with seal impression ‘N’ at eight places. Specimen of seal impression was taken separately. NCB-I form, in triplicate, was filled-in and the seal impression was also embossed thereon. Statements of the witnesses were recorded. After taking into possession the case property, an FIR came to be registered.

3 During investigation, the case property was sent to SFSL Junga for chemical analysis and on receipt of the SFSL report and after completing all codal formalities, final report was filed in the court.

4 In order to prove its case, the prosecution examined as many as 15 witnesses in support of its case. Thereafter, the respondent was examined under Section 313 Cr.P.C., in which he denied all set of incriminating evidence led by the prosecution against him and claimed himself to be innocent. However, the respondent did not lead any evidence in his defence.

5 The learned trial court, after evaluating the oral as well as documentary evidence, acquitted the respondent, as aforesaid, constraining the appellant-State to file the instant appeal.

6 We have heard Mr. Raj Negi, learned Deputy Advocate General, appearing for the appellant-State and Mr. Shekhar Badola and Mr. Vishal Thakur, Advocates, appearing for the respondent and have also gone through the records of the case in detail.

7 In order to substantiate its case, the prosecution has examined the Investigating Officer of the case, ASI Choli Ram, who stepped into the witness box as PW14 and deposed that he remained posted as ASI/I.O. of Police Station Dharampur in the year 2010. On 25.7.2010 at about 7.05 a.m, an information was received at Police Station Dharampur from the driver of Volvo bus namely Bhagwan Singh bearing registration No. HR-68-7259 that a passenger occupying seat No. 32 is quarreling with co-passengers of the bus. On the aforesaid information, he alongwith PSI Kshma Dutt, H.C Hem Raj, C. Uma Ram, C. Devinder Kumar and C. Ali Mohammad proceeded towards the bus, which was parked near the gate of police station by the side of road. They entered the bus and noticed that the occupant of seat no. 32 of the bus got up from his seat and started ru