[2025:RJ-JD:33894]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal (Sb) No. 1015/2025 State Of Rajasthan, Through Pp ----Appellant Versus

1. Harnendra Singh @ Harnindra Singh S/o Dharshan Singh, R/o Kheuwali, P.s. Lambi, Tehsil Malot, Dist. Mukatsar, Punjab (Presently House No. 1816, P.s. Sangat Mandi, Dist. Bhatinda, Punjab

2. Kuldeep Singh S/o Chanad Singh, R/o Amarpur Basti Bhatinda, P.s Nahri Colony, Bhatinda, Dist. Bhatinda, Punjab ----Respondents For Appellant(s) : Mr. Surendra Bishnoi, AGA For Respondent(s) : Mr. R.S. Gill HON'BLE MR. JUSTICE FARJAND ALI

Judgment

29/07/2025

1. The instant Criminal Appeal has been filed by the State against the judgment dated 14.06.2022 passed by the Special Judge, NDPS Act Cases, Bhadra District Hanumangarh in Sessions Case No.23/2016 whereby the respondents were acquitted from the charge under Section 8/15 of the NDPS Act

2. Briefly stated the facts of the case are that on 17.04.2015, Shri Gopal Singh Dhaka, Inspector and Station House Officer of Police Station Bhadra, received credible information from a reliable informant via telephone regarding illegal possession of contraband. Acting upon the said input, he made a formal entry at Serial No. 170 in the Rojnamcha under Section 42(2) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the NDPS Act"). Intimation of the said entry was promptly dispatched to the Deputy Superintendent of Police, Nohar, through Constable Bhawani Pratap, a designated special messenger.

2.1. Subsequently, the SHO, accompanied by a police team, proceeded from the police station and reached the Sahwa Bus Stand, Bhadra. After obtaining written consent with respect to the association of independent witnesses, the police party moved towards Sahwa Road and commenced surveillance (naka bandi). At approximately 3:00 PM, a silver-coloured vehicle, a Mahindra Verito bearing registration number PB-30-N-4339—as described by the informant—was intercepted while approaching from Sahwa Dungra. Upon halting the vehicle, two individuals were found seated in the front: one identified himself as Harnendra Singh (driver), and the other as Kuldeep Singh (passenger). 2.2. Upon preliminary inquiry, both disclosed that the vehicle's rear compartment (dickey) contained illegal poppy husk. Thereafter, the police issued a formal notice under Section 50 of the NDPS Act and conducted a search in the presence of independent witnesses. The search yielded four white plastic bags filled with poppy husk. Upon failure to produce any valid license or permit for possession of the contraband, due legal procedure was followed—samples were duly extracted, sealed, and seized—and both accused were placed under arrest. Consequently, FIR No. 115/2015 was registered at P.S. Bhadra under Sections 8/15 of the NDPS Act.

2.3. After investigation, a charge sheet was submitted before the learned Special Court, NDPS Act, Hanumangarh, under Sections 8/15, 25, and 29 of the NDPS Act against the accused persons (hereinafter "the respondents").

2.4. The learned trial court, after considering the material on record and hearing preliminary arguments, framed charges under Section 8/15 of the NDPS Act. The charges were read over and explained to the respondents, who pleaded not guilty and claimed trial.

2.5. During the course of trial, the prosecution examined 13 witnesses and exhibited documents marked as Exhibits P/1 to P/55. The statements of the accused-respondents were recorded under Section 313 Cr.P.C., in which they denied the allegations. In defence, the respondents examined D.W.-1 Kulwant Singh and produced documents marked as Exhibits D/1 to D/13.

2.6. Upon culmination of trial and after hearing final arguments advanced by both sides, the learned trial court, vide judgment dated 14.06.2022, acquitted the accused-respondents of all charges. Hence, the present appeal is being preferred against the judgment of acquittal.

3. I have heard the counsel for the appell