The central legal point established in the judgment is the requirement for the prosecution to prove the accused's exclusive and conscious possession of contraband beyond reasonable doubt.

JUDGMENT :

Rajiv Sharma, J.

This appeal is instituted against the judgment dated 9.6.2008 rendered by the Special Judge, Hamirpur in Sessions Trial No. 12 of 2007, whereby the respondent-accused (hereinafter referred to as the ?accused? for convenience sake), who was charged with and tried for offence punishable under section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, has been acquitted.

2. Case of the prosecution, in a nutshell, is that PW-10 Nek Ram was posted as Incharge, Police Post, Jahu. He alongwith Head Constable Kuldip Singh, Constable Kamaljit and Constable Bipan Kumar had laid a Naka on 15.2.2007 in front of Police Post, Jahu. They were checking the vehicles in routine. At about 11.10 P.M., a bus of Una Depot bearing registration No. HP-72-0163 came. It was intercepted. Police boarded the bus. Accused was sitting on seat No.16. He became panicky. He was ordered to get down from the bus alongwith two persons, who were sitting near his seat. He was informed of his legal right that he could offer his search before a Magistrate or a Gazetted Officer or a Police Officer. Accused gave consent on the memo Ex.PW- 1/A. He agreed to be searched by the police. On his personal search, a polythene pack of light green colour was found inside the inner which he was wearing inside his trousers. It was kept near his private parts. Constable Kamaljeet was deputed to bring weights and scale. Charas was weighed. It was found to be 350 grams. Two samples of 25 grams each were separated and sealed with seal =K'. The bulk Charas was also sealed in a different parcel with the same seal. The specimen impressions of seal were taken on a piece of cloth Ex.PW-1/F. The seal was handed over to PW-1 Sushil Kumar. Accused was arrested. Rukka Ex.PW-6/A was sent to the Police Station. FIR Ex.PW-7/A was registered. Site plan was also prepared. Station House Officer Baldev Singh re-sealed the parcels with seal =R' vide memo Ex.PW-11/A and seal impressions of seal =R' were taken on piece of cloth Ex.PW-11/B. He also made endorsement on the N.C.B. form. Case property was deposited with PW-9 Kishore Chand. He entered the same in Malkhana register. Contraband alongwith N.C.B. form and seal impression were sent through HHC Chuni Lal on 19.2.2007 to Forensic Science Laboratory, Junga. The report Ex.PW-10/D was received. Special report Ex.PW-8/A was also sent to the office of Superintendent of Police, Hamirpur. Police investigated the case and the challan was put up in the court after completing all the codal formalities.

3. Prosecution examined as many as eleven witnesses in all to prove its case against the accused. Statement of accused under Section 313 Cr.P.C. was recorded. He denied the case of the prosecution in entirety. Learned trial Court acquitted the accused vide judgment dated 9.6.2008. Hence, the present appeal.

4. Mr. Ashok Chaudhary, learned Additional Advocate General has vehemently argued that the prosecution has proved its case against the accused.

5. Mr. Ashwani Kumar Sharma has supported the judgment passed by the trial Court.

6. We have heard the learned counsel for the parties and have gone through the record carefully.

7. PW-1 Sushil Kumar has deposed that on 15/16.2.2007, he alongwith Raj Kumar were travelling in a bus. When the bus reached near Police Chowki, the police had laid Naka. Bus was signalled to stop. Police entered into the bus. One boy, who was sitting in the bus, got perplexed. Police got suspicion. Accused consented for his personal search by the police vide memo Ex.PW-1/A. He signed the same. Raj Kumar also signed the same in his presence. Accused put his signatures on the consent memo. Police official gave his personal search. Nothing incriminating was found. Memo Ex.PW-1/B was prepared. Police conducted search of the accused. He was found in possession of one envelope wrapped in polythene from the private part inside the inner. Police sent Constable to bring weights and scale to measure the substance. It