SANJAY KUMAR GUPTA, J.

1. Feeling aggrieved of the judgment of acquittal recorded by the Court of learned 3rd Additional Sessions Judge, Jammu, in case FIR No.87/2005 registered under Sections 20/25 Narcotic Drugs and Psychotropic Substances Act and 3/4/25 Arms Act, whereby acquitting respondent No.1 Jagjeevan Singh, the State has preferred the instant criminal acquittal appeal. State has inadvertently preferred the instant appeal against respondent No.2 Sant Kartar Singh also, who has been proceeded under Section 512 Cr.P.C. by the trial Court vide order dated 02.08.2005.

2. Prosecution case, in brief, is that on 3-6-05 at about 2 P.M, Police Station Nawabad received a docket from Parvez Sajad ASI wherein it was stated that today on 3-6-05 he along with Constable Ravinder Singh, Constable Abdul Rashid, Constable Rajinder Singh, Constable Rakesh Kumar, Constable Sunil Dutt, Constable Sushant Sharma and Constable Ravinder Kumar had gone to Rama Lane Hari Nagar, Talab Tillo. He had seen while hiding at DBN Higher Secondary School Jammu that accused Jagjeevan Singh alias Kaindy and Satkartar Singh both sons of Kimat Lal R/ o Rama Lane Hari Nagar, Talab Tillo, Jammu were selling poppy straw and Charas etc from their house. On this, he along with other police personnel raided the house and found that Jagjeevan Singh was having poppy straw and charas in large quantity. One Chinese made pistol was also found from the accused Jagjeevan Singh whereas Sant Kartar Singh accused fled away; that the SHO and DySP are also present on spot. On receipt of this docket, FIR No.87/2005 was registered against accused persons for offence under sections 20/25 NDPS Act and 3/4/25 Arms Act in police station Nawabad, Jammu. During investigation I.O Rajesh Sharma, Sub-Inspector, I/C, Police Post Talab Tillo visited the spot at Hari Nagar Rama Lane Talab Tillo in the house of Jagjeevan Singh @ Kaindy S/o Kimat Lal whereas DySP, SHO and ASI Parvez had already apprehended Jagjeevan Singh. On presentation by ASI Parvez, the I.O prepared seizure memo and superdnama of ring, packets of poppy straw, charas, one Chinese made pistol along with eight rounds and two magazines of pistol. The I.O in presence of DySP and SHO searched the house of Jagjeevan Singh. During search one 'Taka' beneath the pillow of bedroom of Jagjeevan Singh and two rifles from the almirah were recovered and the same were also seized. The site map was prepared and the statements of witness u/s 161 Cr.P.C were recorded. Packets of poppy-straw and charas were re-sealed and sent to FSL for examination. Report from FSL was obtained. On conclusion of the investigation, the I.O found that Jagjeevan Singh and Sant Kartar Singh are dealing in illegal trafficking of poppy-straw and charas. Offence u/s 3/4/25 Arms Act and 20/15 NDPS Act were found proved against Jagjeevan Singh and offence u/s 20/15 NDPS Act was found proved against Sant Kartar Singh who had fled from the spot.

The charge was framed against accused Jagjeevan Singh, whereas proceeding under section 512 Cr.P.C was initiated against accused no.2, which continued upto conclusion of trial.

Court after conducting trial acquitted the accused on the grounds that the mandatory provisions of NDPS Act have not been complied; there is material contradiction in the statements of witnesses; that recovery of contraband has not been proved.

3. We have considered the arguments of learned counsel for State as well as respondent and gone through the evidence on record, and judgment of Court below.

4. Before re-appreciating the whole evidence on record, the brief resume of the prosecution evidence is as under:-

Shanker Singh PW-1 deposed that On 3-6-05 prior to his reaching Rama Lane, SHO had raided the residential house of accused. In his presence poppy straw, charas and pistol were seized. These articles were recovered prior to his reaching on spot. Seizure memo was prepared in his presence. He identified his signatures on seizure memo and their c