The prosecution must strictly adhere to the procedural requirements of the NDPS Act to ensure a fair trial, and non-compliance can lead to acquittal.

JUDGEMENT :

1. This appeal is directed against the judgment dated 26th July 2013, passed by the court of Principal District & Sessions Judge, Pulwama (for short “Trial Court”) whereby accused persons/respondents have been acquitted of their charges in case FIR no.13/2007 under Section 15/18 of NDPS Act, police station Pulwama.

2. I have heard learned counsel for parties and considered the matter.

3. Perusal of the file reveals that prosecution case is that on 12th January 2007, police post of Lassipora received an information that three persons/accused were indulging in illegal trade of narcotic substance, i.e., fukki (poppy straw) and as per the information commission of offence under Section 15/18 of NDPS Act was found committed and, accordingly, necessary entry was made in roznamcha on the same day at serial no.16 and copy of the said entry was forwarded to police station Pulwama for registration of FIR. The officer Choki, Lassipora (PW1) along with PWs 3,4,5,15, SOG Camp Pulwama under the command of PW2 and CRPF personnel of 166 Battalion left for the spot in the government vehicle and PW14 was entrusted investigation of the case. Upon reaching the spot, the site plan was prepared, seizure memos were prepared and statements of witnesses under Section 161 Cr.P.C. was recorded. It is also story of prosecution that accused persons 1&2 were apprehended on spot and search and arrest memos were prepared. PW11, S.P. Operations, also came on spot, who sealed the seized poppy straw, iron machine along with electric motor and motorcycle. PW11 attested seizure memos. The seized property was later on produced before PW13 for sampling and resealing. The expert opinion from FSL was obtained. The seized property was brought to the police choki Lassipora. It is also prosecution story that during investigation, it was found that accused persons 1&3 had installed seized machine for grinding fuki in the shed constructed by accused no.3, adjacent to his residential house in between rice husking machine and oil expeller. PW2 was found to have been working as labour on the said machine with accused persons 1&3. The accused no.3 fled away on spot, who was subsequently arrested on 22nd February 2007. During investigation, it was found that name of accused no.1, which had come in fist information as Rayees Ahmad Wani was actually Riyaz Ahmad Dar S/o Ghulam Nabi Dar R/o Safnagri. It was also found that accused no.1 is involved in case FIR no.51/2005 under section 15/18 NDPS Act of police station Zainapora. Charge report for commission of offence under Section 15/18 NDPS Act against accused persons 1&3 and under Section 29 NDPS Act against accused no.2 was laid.

4. Perusal of file would also tend to show that accused persons 1&3 persons formally charged for commission of offence under Section 15 NDPS Act and accused no.2 under Section 29 NDPS Act, vide order dated 16th May 2007, to which they pleaded not guilty and, therefore, the Trial Court directed the prosecution to lead evidence in support of its case.

5. As file would show prosecution/State produced and examined all witnesses except PW12. Statement of accused persons under Section 342 Cr.P.C. was recorded. Accused persons were directed by the Trial Court to adduce evidence in support of their defence, but they did not opt to lead any evidence. Upon consideration of the prosecution case, the Trial Court vide impugned judgement acquitted the accused/respondents.

6. It is stated by learned counsel for respondents that the Trial Court has passed impugned judgement in hot haste and without proper appreciation of facts inasmuch as a huge quantity of narcotic substance of 383 kgs was seized from the conscious possessing of respondents/ accused persons, which is a commercial quantity. It is also contended that Trial Court has neither considered nor appreciated in its right perspective the statement of prosecution witnesses, who have corroborated each other and there was no contradiction of such nature, whic