The importance of authentic evidence and credible testimony to create confidence in the court.

JUDGMENT

ORDER

Vinod S. Bhardwaj, J. (Oral). - The instant appeal has been preferred by the State of U.T., Chandigarh against the judgment dated 05.12.2019 passed by the Judge, Special Court, Chandigarh in case baring FIR No. 166 dated 18.07.2016 under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Mani Majra, Chandigarh.

2. In order to adjudicate the present case, the brief facts of the case of prosecution are referred to hereby below:

(i) That the case of the prosecution is that on 18.07.2016, Sub Inspector Inder Singh alongwith other police officials was on patrolling duty in front of Gate No.2, Shivalik Garden, Mani Majra. At about 8.40 P.M., one person was coming from the Shanti Nagar side on foot and on seeing the Police Party he turned back. On suspicion that the said person might be carrying some stolen article, they apprehended that person. Thereafter, he tried to throw one tiffin which was being carried by him in his hand but he was not allowed. After opening the same, it was found to be containing Charas. SI Inder Singh requested public persons to join the investigation, but none agreed to join the same. The said person disclosed his name as Shankar and was unable to produce any licence or permit for carrying the said contraband. SI Inder Singh weighed the said contraband on Electronic Weighing Machine and the weight came out to be 220 grams. Thereafter, SI Inder Singh drew two samples of 10 gms each and sealed them in the separate sealed parcels with the seal of CS at two places and the remnant was also sealed in the sealed parcel with seal of CS at two places. SI Inder Singh prepared the seizure memo and also filled the test memo form. SI Inder Singh prepared ruka and sent it same through Constable Rakeshwari Kumar to police station for registration of the F.I.R. He also gave the information for sending the second I.O. to the spot. After some time, second I.O. SI Rohit Kumar reached the spot. SI Inder Singh handed over the case property as well as accused to second I.O. vide memo. Second I.O. prepared the rough site plan at his instance. Second I.O. arrested the accused vide memo and conducted his personal search vide memo. On completion of investigation, challan was put up in the court for trial.

(ii) On presentation of challan, copy thereof was supplied to the accused free of costs.

(iii) A prima facie case under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the Act) was made out against the accused, he was charge sheeted on 02.08.2017. Contents of the charge sheet were read over and explained to the accused in simple Hindi to which he pleaded not guilty and claimed trial.

(iv) The prosecution in order to prove its case has examined as many as seven witnesses.

3. The prosecution evidence was duly considered by the Judge, Special Court, Chandigarh and upon consideration thereof, several discrepancies in the evidence of the prosecution were noticed and it was recorded that the prosecution has miserably failed to prove the offence in question beyond a shadow of reasonable doubt and that the recovery itself was suffering from suspicious circumstances. Furthermore, no independent witness was joined to lend credence to the prosecution story. It was also noticed that the testimonies of the police officials also suffered major contradictions. The relevant parts of the observations recorded by the Judge, Special Court, Chandigarh, are reproduced herein below:

"15. Further, if we go through the evidence of members of patrolling party and the SHO, it is clear that the seal was not properly used and there are material discrepancies with regard to use of seal, which makes the prosecution case highly doubtful. SI Inder Singh has stated that samples were sealed with the seal of CS but he has no knowledge whose seal it was through he used the seal of CS after drawing it from his kit. Further, he has stated that after use the seal CS was