The prosecution must prove the guilt of the accused beyond a reasonable doubt, and major contradictions in witness testimonies and infirmities in the chain of link evidence can lead to acquittal.

Ajay Mohan Goel, J.

This appeal has been filed by the State against judgment of acquittal passed by the Court of learned Special Judge, Chamba, District Chamba in Sessions Trial No. 11/2007/06 dated 26.04.2007 vide which, the accused has been acquitted of the charge of having committed an offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. The case of the prosecution was that on 17.03.2006, a police party comprising of ASI Abhey Singh, Incharge Police Post, Banikhet, HC Roop Singh, Constable Mazid Mohammad, Constable Sanjay Kumar, Constable Vikas Dhawan and Constable Kamal Kishor was on nakabandi and traffic checking duty at Mail Road Chowk near Nanikhud at around 4:00 p.m. S/Shri Ranjeet Singh and Harbans Lal were also present there. They also joined the said police party. Further story of the prosecution is that at around 4:00 p.m., the accused who had hung a bag on his right shoulder came from Mail Road side towards Nanikhud and on seeing the police party, he (accused) got perplexed and tried to turn back. On suspicion that he might be carrying something illegal, ASI Abhey Minhas (PW-7) stopped him for checking. The accused disclosed his name as Shashi Pal and the bag which the accused was carrying was opened for checking. A polythene lifafa having charas in the shape of sticks was recovered from the said bag. ASI Abhey Minhas (PW-7) immediately deputed PW-2 Constable Mazid Mohammad and Harbans Lal to bring the weights and scale at the spot, who brought the same and thereafter, the charas which was recovered from the accused was weighed which turned out to be 2 Kgs. From the said recovered charas, two samples of 25 grams each were separated and the sample parts of the charas were put into two empty boxes of four square cigarettes which were then wrapped and sealed by affixing seal impression ‘C’. The remaining/bulk charas weighing 1.950 Kgs. was put in the same polythene lifafa which was recovered from the accused and then it was put in the same bag which was recovered from the accused. The same was also wrapped and sealed by affixing seal impression ‘C’. The specimen impression Ex. P3 of the seal used was taken separately on a piece of cloth and the seal after its use was handed over to Shri Ranjeet Singh. The parcels of charas were taken into possession vide memo Ex. PW7/A in the presence of witnesses. The same was read over to them by PW-7, ASI Abhey Minhas and after admitting its contents to be correct, the said memo was signed by the accused and the witnesses. Copy of the recovery memo was supplied to the accused free of cost. Thereafter, ASI Abhey Minhas (PW-7) wrote ruqua Ex. PA and sent it through Constable Kamal Kishore (PW-3) to Police Station, Dalhousie for registration of FIR. On the said basis, FIR Ex.-PC was registered against the accused. Copy of ruqua which is Ex. PK was also dispatched by PW-7 to Superintendent of Police, Chamba through Constable Vikas Dhawan. Thereafter, PW-7 handed over the accused alongwith the case property and documents relating to the said case to HC Roop Singh (PW-9) vide inventory Ex.-PB for carrying out further investigation in the matter. Site map Ex. PW9/A was prepared by PW-9 Head Constable Roop Singh showing the place of recovery and arrest. The accused was informed about grounds of his arrest vide memo Ex. PW9/C. Jamatalashi of the accused was conducted by Head Constable Roop Singh PW-9 vide memo Ex. PW9/D and then the parcels of charas were produced before SI/Additional SHO Swaru Ram for resealing. SI Swaru Ram (PW-4) resealed the same vide memo Ex. PD and thereafter deposited the case property with MHC Ramesh Chand of Police Station after preparing reseal memo Ex. PD. One part of the sample alongwith relevant documents was sent by the police to the Composite Testing Laboratory, Kandaghat for analysis. Report of the Chemical Examiner was obtained and the said report for the trial of the accused was submitted in the Court.

3. As a pr