Burden of proof lies with the prosecution to establish the integrity of evidence and procedure in drug-related offenses.

JUDGMENT :

Sanjeev Kumar, J.

1. This appeal by Union of India is directed against the judgment of acquittal dated 23.09.2014, passed by the learned Principal Sessions Judge, Jammu [“the trial Court”] titled 'State through Intelligence Officer v. Abdul Hameed Rashi & Anr.', whereby the complaint filed by the Narcotics Control Bureau, Jammu, Zonal Unit against the respondents herein has been dismissed and the respondents acquitted of the charge under section 8/20/60 of NDPS Act.

2. Briefly put the prosecution story projected by the appellant in its complaint filed before the trial Court are that on 31.03.2012, a secret information was received by Mr. Naresh Kumar, Intelligence Officer of NCB, Jammu from a reliable source that the respondents would be transporting narcotic drugs from Kashmir valley to Akhnoor in a Tavera vehicle. This information was given by the Intelligence Officer to the Superintendent, NCB, Jammu, who upon receipt of this information, constituted a team under his supervision to lay a naka in Malpur area on 31.03.2012. On 01.04.2012, at about 4:20 a.m., two persons, namely Ram Pal Sharma and Ghanshyam Sharma, who were crossing the national highway, were informed by the Intelligence Officer Naresh Kumar that there was possibility of presence of narcotic drugs in a Tavera vehicle. They were requested to accompany NCB team to the place of naka to witness the entire proceedings of seizure, if any, effected from the vehicle. On the said persons agreeing to the request, a notice under section 53 of NDPS Act was issued to them by the Intelligence Officer.

3. At about 4:30 a.m., the Tavera vehicle bearing Registration No. JK03C-5687 which was coming from Jammu was intercepted. The vehicle was being driven by the respondent Javaid who was accompanied by the respondent Abdul Hameed sitting as a co-passenger. The vehicle was searched by PW Koushal Kumar and PW P.N. Thussoo and on search, a plastic bag from under the middle seat of the Tavera vehicle was recovered. The bag contained 16 packets. The Intelligence Officer Naresh Kumar opened four packets out of 16 packets and extracted some quantity of black coloured material from each of the four packets. He mixed them together thoroughly and tested with the help of drug detection kit. It was found that the material seized was “charas”. The weight of all the packets was found to be 7.248 kgs.

4. The requisite formalities in respect of seizure were complied with. The seizure memo was signed by the respondents as well as two independent witnesses. The respondents were apprehended and they were taken along with the seized material to the NCB office. The seized packets were opened and it was found that each packet contained nine challies of charas and were 144 in number. As is averred in the complaint, all the challies were broken and mixed together thoroughly. They were found to contain 'charas'. The entire material was weighed again and was found to be 6.300 gms. The Intelligence Officer Naresh Kumar took two samples of 24 gms each from 6.300 gms and sealed the same. The said samples and the remaining charas were sealed separately. The remaining charas and packing material of the charas was put into separate packets and marked as Lot-A and Lot-P respectively and the same were sealed by PW Kuldeep Sharma, Superintendent.

5. After completing the requisite formalities, a notice under section 57 of NDPS Act was given to the respondents and both made voluntary statements admitting that the contraband weighing 6.300 gms was recovered from them. They were arrested and the samples picked up were sent to CFSL, Delhi for chemical analysis. As per the report of CFSL, the samples were found positive for charas. On the basis of the complaint and the evide