Vivek Singh Thakur, Judge

The State of Himachal Pradesh has preferred this appeal against a judgment dated 18.03.2015, passed by Special Judge Mandi, District Mandi in Session trial No.17/2010 titled as State of H.P. Vs Desh Raj in case FIR No. 277/2009, dated 02.12. 2009, registered in Police Station Jogindernagar, District Mandi (Ex. PW-11/B) under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), whereby respondent accused has been acquitted of the charge under Section 20 of NDPS Act.

2. The prosecution case is that a police party led by PW-10 SI Dharm Singh consisting Head Constable Chander Shekhar (PW-11) Home Guard Suresh Kumar (PW-4), Home Guard Subhash Chand, and Home Guard Rawat Singh left the police station at 2:30 PM on 2.12.2009 in official vehicle HP-33-6973 being driven by HHC Kuldeep Singh (PW-6) for patrolling in the jurisdiction of Police Station Jogindernagar after recording their departure in GD Entry No.26 (A) daily station diary Ex.PW-5/A.

3. It is further case of the prosecution that aforesaid police party set-up a nakka at about 04:00 PM on National Highway 20 at a place half Km from Galu for checking vehicles and pedestrians, and while they were doing so at about 6 PM, a bus of Jogindra transport, enroute from Mandi to Jogindernagar, was stopped on the signal of PW-3 HHC Malik Chand on the side of the road. PW-10 SI Dharam Singh entered the bus from front door whereas PW-11 HC Chander Shekhar entered the bus from the rear door and they started checking the luggage of passengers of the bus and when they reached at seat No.19, a person was found sitting alongwith white coloured one bag with black and carrot colour flowers thereon. On checking, a poly bag containing stick shape black coloured substance was found in the bag. On smelling, it was identified as charas. On inquiry, the said person disclosed his name and identity as respondent. PW-6 HHC Kuldeep Singh was sent for bringing weighing scale, who, from PW-7 Surender Kumar, a nearby shopkeeper, brought weighing scale with weights of 1 kg, 500 grms, 200 grms, 100 grms and 50 grms weight measures. PW-8 Sanjiv Kumar driver of the bus and Raj Kumar (not examined) conductor of the bus were associated in search and seizure process as witnesses and in their presence recovered charas was homogeneously mixed and on weighing, it was found 400 grms. It was again put in the poly bag and the same was put in the same bag wherefrom it was recovered and bag was taken in possession by putting it in a cloth parcel sealed with the three seals of seal ‘X’ and sample seal was taken on a cloth and Seal impression was also taken on NCB Form (Ex. PW-10/A) and thereafter the seal was handed over to PW-8 Sanjiv Kumar. The seizure memo Ex. PW-8/A was signed by witnesses as well as respondent-Desh Raj.

4. On finding commission of offence under Section 20 of NDPS Act, PW-11 HC Chander Shekhar prepared rukka Ex. PW-4/C and sent the same to SHO Police Station Jogindernagar through HHG PW-4 Suresh Kumar. On receiving rukka in Police Station, FIR No.277/2009 was registered and after making endorsement on the rukka regarding registration of FIR number, case file was sent to the spot through PW-4 Suresh Kumar.

5. PW-11 HC Chander Shekhar prepared the spot map (Exh.PW-11/A), recorded the statement of the witnesses and after arrest of respondent vide arrest memo (Ex. PW-4/A), the arrest was communicated to Balak Ram Sharma, brother of the respondent, as desired by the respondent.

6. On reaching in the Police Station, recovered contraband along with documents was produced before PW-10 SI Dharam Singh Thakur who resealed the contraband with seal ‘I’ Specimen of seal was taken on piece of cloth as well as NCB Form (Ex. PW-10/A), remaining columns of NCB Form (Ex. PW-10/A) were filled by PW-10 SI Dharam Singh and thereafter he prepared the resealing memo (Ex. PW-1/C) and handed over the case property to PW-1 MHC Mangat Ram the then MHC. Thereafter PW-10 Dharm Singh