Material contradictions in prosecution witnesses, non-examination of material witness, hostile independent witness, and procedural inconsistencies entitle accused to benefit of doubt resulting in acquittal under NDPS Act.

JUDGMENT :

Romesh Verma, J.

The present appeal arises out of the judgment of conviction as passed by the learned Special Judge-II, Kullu, Himachal Pradesh, on 15.11.2019, whereby, the present appellant has been convicted and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.1,00,000/- for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (for short ‘NDPS’ Act), and in default of payment of fine, the convict shall further undergo simple imprisonment for one year.

2. The case of the prosecution is that on 17.09.2016 Head Constable Raj Pal, alongwith HHC Krishan Lal and HHG Reena Thakur was on patrolling and traffic checking duty. When at about 2:15 p.m., they were checking the vehicles coming from Manikaran and Bhuntar side, at Jachhani, one person was coming on foot from Manikaran side and on seeing the police party on the spot, he got perplexed and immediately he turned back. He threw bag, which he was carrying in his hand, towards upper side of the road. On this, suspicion arose and the Investigating Officer H.C. Raj Pal with the help of other officials nabbed the said person when he tried to flee away at a distance of about 15 to 20 steps. The said person was scared and when the name of the said person was inquired, he told his name to be Bhoop Singh son of Dhani Ram r/o Village Balon, Post Office Bahu, Tehsil Banjar, District Kullu, H.P., aged about 22 years old. At the same time, one vehicle came from Manikaran to Bhuntar side. The driver was signalled by Head Constable Raj Pal to stop the vehicle and after receiving signal he stopped the vehicle on the side of the road. The number of the vehicle was found HP43-A 5050 and on asking the driver disclosed his name to be Ajay Kishore son of Chand Kishore r/o Ward No.4 Bhuntar, District Kullu, H.P.

3. The said Sh. Ajay Kishore was informed about the entire facts. In front of Ajay Kishore and HHC Krishan Lal, Bhoop Singh was inquired about the throwing of bag qua which no satisfactory answer could be given by him. Ajay Kishore (driver) and HHC Krishan Lal were made spot witnesses. The bag which was thrown by Bhoop Singh (appellant) was having two strips with a zip on the top of the bag. Outside the bag, English word ‘BONKHOSH Sella Basmati Rice No.1121’ was written. In the presence of the witnesses, the said bag was opened and on opening the same, another green/bluish coloured knotted carry bag was found. After opening the same, black coloured substance was found which was in the shape of sticks wrapped in transparent wrappers. On the basis of the experience and smelling, it was found to be cannabis/charas. When the appellant was inquired, no satisfactory answer could be given by him. When the recovered substance was weighed with electronic weighing machine, it was found to be 1.300 kgs. cannabis. The carry bag was wrapped and was put inside the bag as it is, and the zip of the same was also closed. It was wrapped in a cloth parcel which was appended with nine ‘M’ seals. The NCB -1 form in triplicate was filled up and the specimens of sample seal were taken at four different places on a piece of cloth. T