The credibility and trustworthiness of witness testimonies are crucial in establishing guilt in cases involving possession of controlled substances.

Sureshwar Thakur, J.

The instant appeal stands directed against the impugned judgment of 3.12.2013 rendered by the learned Special Judge-I, Sirmaur, District at Nahan, H.P., in Sessions trial No. 17-ST/7 of 2013, whereby the learned trial Court convicted and sentenced the appellant (hereinafter referred to as “accused”) for his committing offence punishable under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for shot “the Act”), as follows:-

“To undergo rigorous imprisonment for two years and to pay a fine of Rs.20,000/- and in default of payment of fine, he shall further undergo simple imprisonment for six months.”

2. Brief facts of the case are that on 25.1.2013, police party headed by PW-7 ASI Rajesh Pal was present at Do Sarka Mour in connection with traffic checking. At about 4.30 p.m. the vehicle bearing registration No. CH-04E-9616 being driven by accused Vinod Kumar was stopped. On demand of documents by the police officials, accused only produced the insurance certificate. The car occupied by the accused was checked and during checking one blue black colour bag was found in the dickey of the car containing vials of Rexcof cough syrup. In the meantime tractor bearing registration No. HP-71-1372 reached on the spot in which PW-1 Ram Chander and one Shri Varinder were sitting. They were joined by PW-7 and in their presence the bag was taken out from the dickey of the car. On counting the rexcof cough syrup vials were found to be 270. The accused could not produce any licence/permit for carrying these cough syrup vials in his car. photographs were clicked and thereafter the aforesaid vials were put back into the same bag which was sealed with seal impression V. NCB form was drawn. The case property was taken into possession vide memo Ex.PW-1/A. Rukaa Ex.PW-3/A was prepared, on the basis of which FIR Ex. PW-3/B came to be registered. Report of chemical examiner Ex. PW-7/C was obtained. After completing all codal formalities and on conclusion of the investigation into the offence, allegedly committed by the accused challan was prepared and filed in the Court.

3. The accused stood charged by the learned trial Court for his committing offence punishable under Section 22 of the Act to which he pleaded not guilty and claimed trial.

4. In order to prove its case, the prosecution examined 8 witnesses. On closure of prosecution evidence the statement of the accused under Section 313 of the Code of Criminal Procedure was recorded in which he pleaded innocence and claimed false implication. He chose to lead evidence in defence and examine one witness.

5. On an appraisal of the evidence on record, the learned trial Court returned findings of conviction against the accused for his committing offence punishable under Section 22 of the Act.

6. The learned counsel appearing for the accused has concertedly and vigorously contended qua the findings of conviction recorded by the learned trial Court standing not based on a proper appreciation of evidence on record rather theirs standing sequelled by gross mis-appreciation of material on record. Hence he contends qua the findings of conviction being reversed by this Court in the exercise of its appellate jurisdiction and theirs being replaced by findings of acquittal.

7. The learned Deputy Advocate General has with considerable force and vigour contended qua the findings of conviction recorded by the Court below standing based on a mature and balanced appreciation of evidence on record and theirs not necessitating interference rather meriting vindication.

8. This Court with the able assistance of the learned counsel on either side has with studied care and incision evaluated the entire evidence on record.

9. The prosecution case qua effectuation of recovery of 270 vials of Rexcof cough syrup from the dickey of the car bearing registration No. CH-04E-9616 driven at the relevant time by the accused, recovery whereof stood effectuated under memo PW-1/A by the Investigat