The main legal point established in the judgment is the requirement for the prosecution to prove the accused's guilt beyond all reasonable doubt, and the court's reliance on credible and consistent evidence.

Dharam Chand Chaudhary, J.

State of H.P. aggrieved by the judgment dated 1.9.2010, passed by learned Special Judge, Fast Track Court, Kullu, in Sessions Trial No.47/2009, whereby the respondent, hereinafter referred to as “the accused” has been acquitted of the charge under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter referred to as “the Act” in short, has come up in appeal before this Court.

2. Accused Anil Kumar is resident of village Bandal, PO Gusaini, Tehsil Banjar, District Kullu. Allegations against him in a nutshell are that on 3.10.2008 around 9.30 a.m., a team of police headed by PW-9 HC Sarswati of Police Station, Bhuntar, was present at Police Check Post, Bajaura. A bus bearing registration No.HP-34B-8725 came there from Kullu side. It was signalled to stop by the police. The accused was found occupying seat No.37 in the bus. On checking, Charas was recovered from a blue coloured purse like bag he was having with him. After recovery of Charas from his bag, the accused was made to de-board the bus and taken to Police Check Post, situated nearby. Driver of the bus Pappu Ram and Conductor Dalbir Singh PW-1 were also associated in the investigation conducted by PW-9 HC Saraswati. The Charas recovered from the bag was weighed and it was found 170 grams. After separating two samples of 25 grams each, the recovered Charas was wrapped in a piece of cloth and sealed with four impressions of seal ‘T’. The sample parcels were also sealed with the same seal. The Charas was taken into possession vide seizure memo. Ext.PW1/A in the presence of the witnesses. Columns No. 1 to 8 of NCB-1 Form Ext.PW4/C were filled up on the spot and Rukka Ext.PW9/B was prepared. It was handed over to lady constable Chandra Devi PW-2 for being taken to Police Station, Bhunter, for the purpose of registration of FIR. The spot map Ext.PW9/C was also prepared on the spot.

3. The accused was interrogated and apprised about the nature of the offence he committed and the provisions of punishment prescribed therefore vide memo. Ext.PW9/E. It is thereafter he was arrested.

4. On inquiry as to whom he wants to give information about his arrest, such information was given to his sister Smt. Saraswati. On the basis of Rukka, FIR Ext.PW7/A was registered by PW-7 ASI Yashwant Singh. The case file, after registration of the FIR, was handed over to I.O. PW-9 H.C. Saraswati at 12.45 p.m. Thereafter she filled in FIR number etc. in the documents prepared on the spot. The accused alongwith case property was brought to Police Station, Bhunter. The case property was produced before PW-7 ASI Yashwant. He resealed each parcel with seal ‘M’. Sample of seal Ext.PW7/B was drawn separately on a piece of cloth. It is thereafter, PW-7 filled up the entries against columns No.9 to 11 of NCB-1 Form. The case property was handed over to PW-4 Kartar Singh alongwith NCB-1 Form, copy of seizure memo. and samples of seals T and M. PW-4 Kartar Singh made entries Ext.PW4/A in Malkhana Register at its Sl. No.39 and retained the same in his safe custody in the Malkhana. On 5.10.2008, he handed over the sample parcels alongwith samples of seals T and M, NCB-1 form and docket to HHC Mast Ram PW-5 for being taken to Forensic Science Laboratory and to deposit the same there. PW-5 has deposited the case property alongwith other articles in FSL on 6.10.2008 and handed over the receipt to PW-4 Kartar Singh on his return to the Police Station.

5. PW-9 HC Saraswati prepared the special report Ext.PW3/A and she herself handed over the same to Additional S.P., Kullu on 4.10.2008 at 12.30 p.m. Additional S.P. after perusal of the Special Report and making an endorsement in this regard under his signature, handed over the same to his Reader PW-3 HC Nirat Singh, who made an entry Ext.PW3/B in the relevant register and retained the special report in the record. On receipt of the report of Chemical Examiner, Ext.PW8/A, Challan against the accused was filed in