JUDGMENT :

1. The appeal is preferred by the appellant against the judgment dated 28.03.2014, passed by the court of learned Ist Additional Sessions Judge, Jammu, whereby the respondent-accused was acquitted of the charges framed against him under Sections 8/20 NDPS Act.

2. The case of the appellant-complainant before the trial court was that the reliable information was received from a source by PW-Dheeraj Nagpal (complainant) that Chaman Lal-accused in the complaint, wearing blue track trousers and gray pullovers is to supply a consignment of two to three kilograms of charas to some unknown person on 10.12.2008 at around 1600/1700 hours at Narwal/Rajiv Nagar Chowk near auto stand. This information was provided by the complainant to the Zonal Director, Narcotics Control Bureau Unit, Jammu and consequently the naka was laid by the Narcotics Bureau led by the complainant. The case put up by the complainant was that on 10.12.2008 at about 4.40 PM an auto bearing registration No. JK02AE-0691 driven by the accused was intercepted and 2.100 KG of substance which was dark brown covered with maize leaves was recovered under the driver seat of the auto. Two so called independent witnesses were also stated to have been associated during the operation conducted by the Narcotics Bureau. The substance was seized, sealed and sent to CRCL, New Delhi for analysis and found to be charas on the analysis. After completion of the investigation, the complaint came to be filed in the court of law. As the accused denied the charges framed against him under Sections 8/20 NDPS Act, the complainant was directed to produce evidence in support of its case. The statements of the witnesses produced by the complainant shall be referred to by the court at this stage of the discussion.

3. PW-1 Dheeraj Nagpal, complainant, has deposed about the information received regarding the consignment to be carried by the accused, Chaman Lal, of 2/3 Kgs of charas for supplying at Narwal and the information having been forwarded to Zonal Director marked as ExPW-DN. It is further deposed that Ajay Kumar and Kashmir Nath were called as independent witnesses in the case. The naka was laid at Narwal and at about 4.40 PM the auto bearing No. JK02AE-0691 which was being driven by the accused was stopped. Nothing was recovered from the person of the accused. The auto was searched and under the seat of the driver, pink colour polythene bag was recovered and on its opening some contraband was found wrapped in maze leaves. The witness has then deposed of the weight of the contraband as 2.100 KG and the recovery memo prepared of the same including of auto is marked as ExPW-NR1. The witness has also stated of the notice given to the accused under Section 67 of the NDPS Act and recording of his statement exhibited as Ext-P3. As per the witness, one part of the sample marked as A-1 was forwarded to CRCL, New Delhi for analysis. In cross-examination the witness has deposed that the witnesses were not known to him and then states that PW-Ajay Kumar met him at Jewel and the said witness used to occasionally visit the office. The FSL report confirms the presence of TSC contents to the extent of 6.3%. The proceedings culminated by 10 PM and the accused was arrested. There is no precedence in the Bureau to prepare the site plan of the place of occurrence. PW-Ajay Kumar was not employed in the Bureau is also stated by the witness.

4. PW-2 Nathu Ram Sharma who was superintendent in the department in the year 2008 has deposed more or less in tune with the statement of the complainant during examination-in-chief. In cross- examination the witness has deposed that the application given by Nagpal had the registration number of the auto and also of the carrier which was forwarded by Nagpal but the application on the file does not mention of auto or its number and only states of auto stand. As per the witness, PW-Kashmir Nath was brought from auto stand of Rajiv Chowk. The witness has also stated t