Proper investigation and compliance with mandatory provisions of the NDPS Act are crucial in cases involving severe punishment and societal impact.

JUDGMENT :

Rajesh Sekhri, J.

1. This appeal has been directed against judgment dated 13.09.2022 passed by the Court of learned Principal Sessions Judge, Jammu (for short, 'trial court') in File No. 02/Special Challan titled 'State v. Pardeep Singh and Anr.' and FIR No. 33 of 2007 of Police Station Miran Sahib for offences under section 8/15/29 of Narcotic Drugs and Psychotropic Substance Act, 1985 (for short, 'NDPS Act'), vide which, respondent has been acquitted of the charges.

2. Along side the appeal, appellant-UT of J&K has also filed an application for condonation of delay of 122 days and an application seeking special leave to appeal, to be discussed and decided later, subject to merit of the appeal.

3. Shorn of verbosity, the prosecution case is that on 22.02.2017 Police Station, Miran Sahib, received source information that one Pardeep Singh, respondent No. 1 (since dead) driver of truck bearing registration No. JK02AE-0625 was involved in the illegal trade of poppy straw etc. to younger generation by transporting the same from Kashmir. He had parked his truck in front of his house and some poppy straw was being loaded in a Alto Car of respondent/accused Vijay Kumar and was being taken by him to his shop situate at Makhanpur Gujjran and remaining Poppy straw was lying in the aforesaid truck of accused Pardeep Singh. On receipt of this information, aforesaid FIR came to be registered and investigation was entrusted to SHO-Pawan Kumar who swung into action and recovered 47 kg of contraband from the roof top of the shop of the respondent and 100 grams from his Alto Car bearing registration No. JK02AX-1081. 19 kg and 100 grams of the contraband was also recovered from the truck of accused-Pardeep Singh. Both the vehicles were seized on the spot. Investigating Officer after rituals of formal investigation, extracted and forwarded samples of the contraband to FSL for chemical analysis.

4. Since on conclusion of investigation, aforesaid offences were established against accused persons, it culminated into filing of final report, under section 173 Cr.P.C in the trial court.

5. Both the accused were charge-sheeted on 22.07.2017 for offences under sections 8/15/29 of NDPS Act. Statements of accused under section 342 of Cr.P.C. were recorded whereby they pleaded false implication and did not propose to lead any evidence in defence. The prosecution examined as many as 07 witnesses out of 09 cited in the calendar of witnesses to substantiate charges against the accused persons. It is pertinent to mention that accused Pardeep Singh died during the pendency of trial and therefore, proceedings against him stood abated.

6. On appreciation of the prosecution evidence, learned trial court is of the view that prosecution has failed to prove its case beyond reasonable shadow of doubt, therefore, respondent has been acquitted of the charges. Learned trial court has also expressed its displeasure about the standard of investigation carried out in the present case for the reason that various mandatory provisions of the NDPS Act have been violated by the investigating agency with impunity.

7. Appellant-State has questioned the impugned judgment of acquittal on the conventional grounds that respondent has been acquitted by the trial court despite sufficient material on record to sustain conviction as learned trial court has failed to appreciate the law and facts of the case in the right perspective.

8. Having heard learned Mr. Amit Gupta, learned AAG for the appellant-State, we do not find any illegality or impropriety in the impugned judgment of acquittal for the following reasons.

9. Instead of giving a detailed resume of the prosecution evidence, it is proposed to refer to the relevant part of the depositions of prosecution witnesses by highlighting their respective names as, when and where required.

Contradictions

10. First of all, the prosecution evidence being replete with serious contradictions does not inspire confidence. PW-Sgct. Nawaz Ahmad has s