Vivek Singh Thakur, Judge

i State of Himachal Pradesh has preferred this appeal against judgment dated 20.3.2015 passed by Special Judge (II), Mandi, District Mandi, H.P. in Sessions Trial No. 5 of 2014, titled as State of Himachal Pradesh Vs. Veer Chand, in case FIR No. 23 of 2014, dated 12.1.2014, registered in Police Station Balh, District Mandi, H.P. under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’), whereby respondent has been acquitted after facing trial for¹Whether the reporters of the local papers may be allowed to see the Judgment? Yes

P 2. As per Rukka Ex. PW-10/A, it is case of the prosecution that on 12.1.2024, PW-10 HC Chint Ram, PW-3 HC Dharminder, PW-4 Constable Krishan Chand, HHC Ram Lal, No. 142, Lady Head Constable Rekha No. 414 at about 3:05 P.M. were opresent in a Naka at Nagchala and were checking vehicles. At that time a private bus bearing No. HP-65-2077 en-routed from Mandi to Bilasprur came there, which, on signal of the Police Party, was stopped on left side of the road. PW-10 HC Chint Ram boarded the bus from front door and asked the passenger to get their luggage checked andC thereafter PW-2 Rajesh Kumar and PW-1 Sanjeev Kumar, who were driver and conductor of the bus, respectively, were called and checking of luggage of passenger was started. On seat No. 23 a person was sitting alone on three seater bench who tried to hide a black colored bag behind his waist, whereupon on suspicion, after associating PW-1 Sanjeev Kumar and PW-2 Rajesh Kumar as witnesses, identification and address of that person was inquired, who disclosed his name Veer Chand with his complete address as respondent. Thereafter bag hide by him was checked, wherein five packets wrapped in a khaki cello tape were found. On opening these packets, round shaped black coloured substance was recovered. On smelling and on the basis of experience, it was identified as charas. It was weighed on electronic scale available in the investigating kit and was found 4 kilograms 500 grams. Recovered contraband was again wrapped in the same khaki cello tape after putting in five paPckets and was put in the same bag again and thereafter it was seized in a parcel of cloth by affixing seal ‘S’ at eleven places vide seizure memo Ex. PW-1/A. Sample seal was taken on separate cloth. Relevant column of NCB Form Ex. PW-9/C was filled in triplicate ando seal was handed over to witness Dharminder (PW-3) and sealed cloth parcel, sample seal Ex. PW-9/D and memo was signed as witnessres by PW-1 Sanjeev Kumar, PW-2 Rajesh Kumar and PW-3 H.C. Dharminder and it was also signed by respondent. Copy of memo was supplied to respondent Veer Chand free of cost.

3. COn findings commission of offence under Section 20 of the NDPS Act, rukka Ex. PW-10/A was prepared by PW-10 HC Chint Ram at 5:00 P.M. and was sent to Police Station situated at a distance of 6 Kilometers, through PW-4 Krishan Chand.

4. After receiving rukka in the Police Station, PW-9 SHO Madan Dhiman registered FIR Ex. PW-9/A and thereafter he made endorsement Ex. PW-9/B on rukka regarding registration of FIR and handed over the case file to PW-4 Constable Krishan Chand, who handed over it to PW-10HC Chint Ram.

5. PW-10 recorded statements of witnesses and prepared spot map Ex. PW-10/B and on completion of investigation returned to PoliceStation and reached thereat about 9:15 P.M.

6. The Investigating Officer PW-10 H.C. Chint Ram produced case property alongwith documents before PW-9 SHO MadPan Dhiman forresealing the parcel.

7. PW-9 SHO Madan Dhiman re-sealed the parcel with seal impression ‘T” at three places and completed column Nos. 9 to 11 of NCB and embossed sample seal thereon ando also took sample seal on separate piece of cloth Ex. PW-9/D and prepar ed the re-sealing memo Ex. PW-9/E. Thereafter he handed over the rcase property alongwith documents to MHC PW-7 HHC Raj Kumar and obtained his signatures o