JAMMU: A Division Bench of State High Court has dismissed the appeal filed by the State against order passed by the Trial Court whereby Trial Court acquitted Narco Smuggler as prosecution failed.
According to the police case, on 13th November, 2006, 63 packets of Bhuki (Poppy straw) weighing 12 KG and 900 Grams were recovered from the hotel of accused Sadhu Ram at Chan Morian, Ghagwal and a case under FIR No. 171 was registered at Police Station Hiranagar.
Division Bench comprising Justice Virender Singh and Justice Bansi Lal observed that the information was not taken down in writing to exercise power of search and seizure between sunset and sunrise. The recovery was made at 5:00 AM and in view of the fact that this was a case of prior information, it was mandatory to reduce the information into writing and communicate the same to the immediate superior officer within 72 hours. Search was conducted and recovery has been affected between sunset and sunrise without complying with the mandate of Section 42 of NDPS Act. it was observed that such violation goes to the root of the case and vitiates the entire exercise of search, recovery and seizure besides, the chemical examiner has not indicated the morphine content in the sample and it is, therefore, difficult to arrive at the conclusion that the seized substance fell within the definition of the type of contraband viz. Poppy Straw as defined in the NDPS Act.
The Division Bench thus on its observations regarding the case upheld the judgment of trial Court and dismissed the appeal filed by the state. JNF
