2018 (5) TMI 121

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.... 29 of the Narcotics Drugs and Psychotropic Substances Act (hereinafter referred to as "NDPS Act"). The Judgment of acquittal by the High Court is in reversal of the conviction recorded by Learned Trial Court which had imposed a sentence of rigorous imprisonment for 12 years and fine of Rs. 1,50,000/- on each of the accused. On default of payment of the fine amount, it was ordered by the Learned Trial Court that the accused-respondents will suffer imprisonment for a further period of one year. 3. The case of the prosecution in short is that on 27-1-2009 at about 6.30 p.m. while a police party was on patrolling duty on National Highway 21 on the Manali-Kullu road, a white colour Indica car was signalled to stop. According to the pros....

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....rested. Charges were framed against all the four accused who were sent for trial. At the conclusion of the trial, the learned Trial Court while convicting and sentencing the accused Nos.1 and 2, as aforesaid, acquitted the other accused Nos. 3 and 4. 4. Aggrieved, the accused-respondents had filed appeals before the High Court. 5. The High Court, as it appears from the impugned judgment, took the view that the prosecution had not discharged its burden of examining independent witnesses in support of its case inasmuch as there was a bazaar situated at a distance of about 100 metres and further the place where the contraband was allegedly detected and seized was on the Manali-Kullu Road which is a busy road with many buses and....

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....id parcel was brought to the Learned Trial Court on 15-9-2009 in a torn condition. The prosecution witnesses examined in this regard had testified that the parcel was in a torn condition due to its bulky nature and also due to nails on the stool on which it was kept. In this regard, it may also be noted that the samples from the contraband parcel were sent to the Forensic Laboratory on 23-7-2010. No suggestion was given to the witnesses (PWs 12 and 13) who had taken the samples to the laboratory that the contraband parcel has been tampered with. PW-16, who had chemically examined the contraband samples, was fully cross-examined by the defence. There is nothing in his evidence to suggest that the sample(s) came to him in a torn or otherwise ....