IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.A. No. 323 of 1998. Decided on: 7.5.2010. ___________________________________________________________ State of H.P. … Appellant. Versus Thakru. … Respondent. ___________________________________________________________ Coram: Hon’ble Mr. Justice Surjit Singh, Judge. Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 For the appellant : Mr. Rajinder Dogra, Addl. A.G. with Mr. Ramesh Thakur, Asstt. Advocate General. For the Respondent : Mr. N.K. Thakur, Advocate. ___________________________________________________________ Surjit Singh, J. (Oral). State has appealed against the judgment, dated 2.6.1998, whereby respondent Thakru, who was tried for offence under Section 20 of the Narcotic Drugs & Psychotropic Substances, Act, 1985, has been acquitted. 2. Case of the prosecution is that on 5.12.1997, when PW-6 ASI Joginder Singh was present near Power House, Baloo (Chamba), respondent was seen coming from Sarol side carrying a bag. On seeing the police, respondent tried to run away. He was given a chase and overpowered. The bag, which he was carrying, was searched and charas weighing 1 Kg. was recovered. 50 gram charas was separated by way of sample. Sample and bulk of 1 Whether reporters of the local papers may be allowed to see the judgment? 2 charas were separately sealed with a seal that produced the impression of English letter ‘J’. Sample was sent to the Chemical Examiner, who vide report Ext. PA opined that on analysis, the sample was found to be of charas. 3. Prosecution examined PW-6 ASI Joginder Singh and PW-4 Constable Naresh Kumar to prove search and seizure. Both the witnesses stated that charas was recovered from the respondent in the aforesaid manner. Prosecution also examined PW-5 MHC Chain Singh with whom the case property had been deposited, who sent the sample to the Chemical Laboratory as also PW-1 Roshan Lal Constable, who carried the sample to the Chemical Laboratory to link the report with the recovered stuff. 4. Trial Court has acquitted the respondent holding that statements of PW-6 ASI Joginder Singh and PW-4 Constable Naresh Kumar have not been corroborated by any independent evidence and that mandatory provision of Section 50 of the Narcotic Drugs & Psychotropic Substances Act, 1985 has also not been complied with. 5. We have heard learned Additional Advocate General as also the counsel for respondent and scanned the evidence. 6. View taken by the learned trial Court that the respondent is entitled to acquittal on account of non compliance of Section 50 of the Narcotic Drugs & Psychotropic Substances Act, 1985 cannot be endorsed because the recovery was effected not from the personal search, but from the search of the bag of the respondent. Also, the acquittal on the ground that testimony of the police officials has not been corroborated by independent evidence, 3 cannot be up held because it is not the requirement of law that when search is conducted at a public place and some narcotic drug or psychotropic substance is recovered, independent witnesses are compulsorily required to be associated. Such a search and seizure are covered by Section 43 of the Narcotic Drugs & Psychotropic Substances Act, 1985. 7. However, we find that the report of the Chemical Examiner Ext. PA does not stand connected with the sample allegedly taken out from the stuff recovered from the respondent. According to PW-1 Roshan Lal Constable, sample of this case was handed over to him by MHC on 17.12.1997. PW-5 MHC Chain Singh has stated that he had handed over the sample parcel to PW-1 Roshan Lal on 14.12.1997. The contradiction in the testimony of these witnesses about the date creates a reasonable doubt if the two witnesses have spoken about the same parcel or two different parcels, pertaining to two different cases. Road certificate against which sample was sent has not been proved. 8. In view of the above stated position, we are not inclined to interfere with the judgment. The appeal is, therefore, dismissed. (Surjit Singh) Judge. (V.K. Sharma) Judge. May 7, 2010. (cr)