IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Appeal No. 81 of 2012.

Reserved on: 04.12.2023 Date of decision : 07.12.2023.

State of H.P. ...Appellant.

Versus Prem Singh o ...Respondent Coram:

The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge.

The Hon’ble Mr. Justice Satyen Vaidya, Judge.

Whether approved for reporting?1 No For the appellaont : Mr. I. N. Mehta, Sr. Additional Advocate General, with Mr. Navlesh Verma, Ms. Sharmila Patial, Addl. A.Gs. and Mr. J.S. Guleria, Deputy Advocate General.

Fhor the respondent : Mr. G. R. Palsra Advocate.

Satyen Vaidya, Judge By way of instant appeal, the State has assailed judgment dated 08.09.2011 passed by learned Presiding Officer, Fast Track Court, Mandi, H.P. in Sessions Trial No. 64 of 2009 whereby the respondent has been acquitted of charges under Sections 18 and 20 of the Narcotics Drugs Whether reporters of Local Papers may be allowed to see the judgment?

and Psychotropic Substances Act (for short, “the NDPS”

Act).

2. The respondent was charged for commission of offences under Sections 18 and 20 of the ND&PS Act with the allegation that on 20.7.2009 at about 6.00 P.M. the respondent was found in exclusive and conscious possession of 1 Kg. 200 grams of opium and 850 grams of charas at place near Panarsa within the jurisdiction of Police Station Aut, District Mandi, H.P.

3. The case as set-up by the prosecution was that on 2 0.7.2009, PW-7 ASI Amar Nath alongwith PW-1 HC Dhani Ram and C. Ashok Kumar left Police Station, Aut at about 5.15 P.M. towards Panarsa. While carrying patrol Hduty on Panarsa – Jawalapur road, the police party apprehended respondent with his motorcycle bearing No.HP-32A-1184. The police got suspicious from the conduct of respondent and accordingly on search of the motorcycle of respondent, 850 grams of charas and 1 kg. 200 grams of opium was recovered from a place beneath the seat of the motorcycle. Charas and opium was lying in two separate envelopes. The contraband was seized in two separate parcels, each sealed with six seals having impression “Y”.

4. The recovery memo Ext. PW-1/B was prepared. The facsimile of sample seal Ext. PW-1/A was preserved on separate piece of cloth. ‘Rukka’ Ext.PW-7/A was prepared by ASI Amar Nath (PW-7) and was sent to the Police Station through C. Ashok Kumar. PW-5 Insp./SHO Sureshta Thakur registered FIR Ext. PW-5/A. The file was taken back to the spot. PW-7 ASI Amar Nath prepared the site plan Ext. PW-7/B and formally arrested the respondent vide memo Ext. PW-1/C.

5. The accused alongwith contraband was brought Hto the police station. PW-5 Insp./SHO Sureshta Thakur resealed the sealed articles with seal impression “M” affixed at five places on each parcel. The sample seal was preserved as Ext. PW-5/C. Re-sealing memo Ext. PW-5/E was prepared. The relevant columns of NCB form Ext. PW- 5/D were filled by PW-7 ASI Amar Nath and PW-5 Insp./SHO Sureshta Thakur.

6. On 21.7.2009 special report Ext. PW-4/A was sent to Dy. S.P. Head Quarter, Mandi by ASI Amar Nath PW-7 through HHC Baldev Singh (PW-2).

7. On 22.7.2009, the sealed parcels containing contraband were sent by MHC Satya Parkash, PW-6, to SFSL, Junga through C. Sudeep Kumar (PW-3) alongwith related articles and documents. The SFSL, Junga vide its report Ext. PX reported the samples analysed by it to be that of charas and opium.

8. On completion of investigation report under Secti on 173 Cr.P.C. was submitted. The respondent was charged as above. The prosecution examined total 8 witnesses. The respondent was examined under Section H313 Cr.P.C. No defence evidence was led. On completion of trial, the respondent was acquitted by learned Special Judge vide impugned judgment dated 08.09.2011, hence this appeal.

9. We have heard learned counsel for the parties and have also gone through the records of the case carefully.

10. Learned Special Judge has acquitted the respondent firstly on the ground that despite opportunity available to the Investigating Officer, no independent witness was assoc