The statements of co-accused under Section 67 of the NDPS Act cannot be treated as substantive evidence and the burden of proof lies with the prosecution to establish the case beyond reasonable doubt.

SUKHVINDER KAUR, J.

1. The appellant-Narcotic Control Bureau has preferred the instant application under Section 378(3) Cr.P.C. seeking leave to appeal against judgment dated 04.07.2022, passed by learned Judge, Special Court, Chandigarh, vide which respondent-accused Dharampal Singh @ Dharma has been acquitted.

2. The facts, as per record, are that on 16.07.2018, Ajit Pal Singh, Intelligence Officer received information that accused Manpreet Singh was coming to Chandigarh in Truck bearing No. HR-45C-3213 loaded with huge quantity of poppy husk and the said truck was likely to reach at Sabzi Mandi, Sector-26 at 2.30 A.M. on 17.07.2018. This information was reduced into writing and was placed before Kuldeep Sharma, Superintendent, NCB Chandigarh. A team comprising of Ajit Pal Singh and others was constituted by the Superintendent for taking action and Kuldeep Sharma himself accompanied the team to supervise the seizure procedure. On 17.07.2018, at 0200 hours, NCB team reached at Transport Chowk, Chandigarh and tried to join some independent witness but none agreed. At 0300 hours, the NCB team noticed truck bearing No.HR-45C-3213 which matched with the secret information. The truck was stopped and besides the driver two persons were found seated in the said truck. The persons sitting in the truck disclosed their names as Gurjot and Neeraj and driver disclosed his name to be Manpreet Singh. Accused Manpreet Singh and Gurjot admitted that bags of poppy straw were lying concealed beneath union sacks in the truck. Since it was raining at that time, so it was not possible to unload the items on the road. NCB team brought the truck to NCB office along with all the accused at 0340 hours on 17.07.2018. At 0430 hours, Rajinder Singh, Investigating Officer brought the labour for unloading the truck and at 0500 hours unloading of truck started. The Tarpaulin was removed and plastic crates loaded with pomegranates were unloaded from the truck which were 156 in number. 413 cardboard boxes containing pomegranate were also unloaded. Underneath onion sacks plastic sacks of black and light black colour were noticed. Accused Manpreet and helper Gurjot told that these sacks contained poppy straw and then these 12 plastic sacks were unloaded from the truck. When the same were untied then these were found to contain poppy straw. These plastic sacks were thereafter sewed with white thread alongwith white markin clothes. Seal of NCB bearing impression Narcotics Control Bureau, Chandigarh 95 was affixed on each bag. These sacks were weighed on electronic weighing machine. Total weight of recovered sacks containing the poppy straw came to 299 kg 100 grams.

3. During the course of investigation, accused Manpreet Singh suffered statement under Section 67 of the NDPS Act disclosing that those 12 sacks containing poppy husk were got loaded by Dharampal at Rahul Punjabi Dhaba at Ratlam in M.P., in that truck and the said poppy husk was to be delivered to Dharampal at Chandigarh. Statements of accused Gurjot and Dharampal under Section 67 of the NDPS Act were also recorded.

4. After completion of the investigation, the complaint was filed by NCB against accused Manpreet Singh, Gurjot and Dharampal @ Dharma.

5. After concluding the trial, the trial Court acquitted accused/respondent-Dharampal @ Dharma while co-accused Manpreet Singh and Gurjot were convicted.

6. Aggrieved by the said decision, the NCB has preferred the present application for seeking leave to file an appeal against acquittal of accused Dharampal.

7. We have heard Mr. Rajiv Sharma, Advocate and have also perused the record.

8. Learned counsel for the appellant has strenuously contended that the trial Court has not properly appreciated the evidence on record and has wrongly acquitted the respondent. The case of the prosecution stands fully proved qua respondent also and the prosecution witnesses have fully proved on record that accused/respondent had committed the offence under Section 29 of the NDPS Ac