Acquittal under NDPS Section 20 upheld in appeal; no interference absent perversity where independent witnesses turn hostile denying recovery and contradictions undermine prosecution evidence.

JUDGMENT :

ROMESH VERMA, J.

1. The present appeal arises out of judgment, as passed by the learned Special Judge-II, Chamba, District Chamba, H.P., in Sessions Trial No. 34/2014, dated 20.1.2015, whereby the accused-respondent has been acquitted of the charge under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act) in case FIR No. 66/13, dated 10.12.2013, registered at Police Station, Dalhousie, District Chamba, H.P.

2. The story of the prosecution, as projected, is that on 10.12.2013, vide Rapat No.11 Ex. PW-6/A HC Kartar Singh alongwith HC Bhagwan Chand, HC Inder Singh (PW-5), HHC Sanjay Kumar (PW-1), Constable Subhash Chand, Constable Surinder Singh (PW-4) proceeded in the vehicle No. HP-73-0918 being driven by Constable Hem Raj towards Goli, Devi Dehra, Gadhiyar side in connection with Nakabandi and traffic checking duty and they accordingly, laid a nakka at about 3.35 P.M. near Chohda Dam road Dhared. When the police party was checking the vehicles, then at about 3.55 P.M. two persons sitting on motor cycle No. HP47-4360 PULSAR came from the Dam side and their motorcycle was intercepted by the police party. When HC Kartar Singh (PW-13) started checking the documents of the motor cycle, then all of a sudden, one person holding a rucksack (Pithu bag) on his shoulder appeared from the bushes. After seeing the police, the said person got perplexed and threw his bag in the bushes at a distance of ten meters and started running towards Dam side. HC Inder Singh (PW-5) and Constable Subhash Chand apprehended the person. HC Kartar Singh (PW-13) and Head Constable Bhagwan Chand picked up the green coloured bag from the bushes and when the bag was opened, in which a pale yellow coloured carry bag was found to be containing a black colour hard substance in the form of slides and rolls. As per experience of the investigating team, the recovered substance was found to be cannabis/charas. The person was interrogated in the presence of motor cycle rider Vijay Kumar (PW-3) and pillion rider Sunil Kumar (PW-2), who disclosed his name as Manish Kumar s/o late Sh. Praveen Kumar, resident of VPO Simani, Tehsil Salooni, Police Station Khairi, Distt. Chamba.

3. The Investigating Officer took out scale from his kit and weighed contraband in the presence of PW-2 and PW-3, which was found to be 1.700 kg. Thereafter, cannabis was put into the same carry bag and sealed in a parcel with three seal impressions of ^^y**. NCB forms in triplicate Ex. PW-11/A was filled in by the Investigating Officer and impression of the seal ^^y** was taken on the NCB forms in triplicate. Sample of the seal was taken on a white cloth Ex. PW-2/A in the presence of PW2 and PW3 and they also appended their signatures thereon. Seal after its use was handed over to PW-3 by the Investigating Officer. Case property was taken into possession vide memo Ex. PW-1/A in the presence of PW-3 Vijay Kumar, PW-2 Sunil Kumar and PW1 HHC Sanjay Kumar.

4. Thereafter, on suspicion, in order to conduct personal search of the the accused, the I.O. asked the accused whether he wanted to give his sea