The central legal point established in the judgment is the requirement for the prosecution to prove its case beyond reasonable doubt, emphasizing the importance of proper documentation and adherence to procedural requirements in handling case property and evidence.

JUDGMENT :

R.B. Misra, J.

In view of our order dated 07.07.2010, this Court ordered for the issuance of non bailable warrants against the accused respondent for ensuring his presence. However, keeping in view the prevailing law and order situation and unusual circumstances in Jammu and Kashmir, the service could not be effected upon the accused respondent.

2. At the request of the learned Additional Advocate General, for the appellant State, the matter is being dealt with on merits and Ms. Nishi Goel, Advocate, is appointed as Legal Aid Counsel for the accused respondent to assist this Court on his behalf.

3. The brief of the case has been given to Ms. Nishi Goel, Advocate. Heard Mr. Rajinder Dogra, Additional Advocate General, for the appellant State and Ms. Nishi Goel, Advocate, for the accused respondent.

4. The present criminal appeal has come up for consideration after leave to appeal u/s 378(3) of the Code of Criminal Procedure has been granted in reference to the impugned judgment and order dated 24.03.1995, passed by the learned Sessions Judge, Shimla, District Shimla, in Sessions Trial No. 32S/7 of 1994, acquitting the alleged accused u/s 20 of the Narcotic Drugs and Psychotropic Substances Act in reference to FIR No. 75 of 1994.

5. Prosecution case in brief is that on 18.03.1994, Head Constable Bhumi Singh alongwith Yogesh and Bikram Singh, Constables, while on patrol duty in Lower Bazar, Shimla, at about 9 a.m. noticed accused respondent coming from bus stand towards Ram Bazar. On seeing the police party, accused respondent tried to escape, however, he was overpowered and on search of his 'Thela' (bag), which he was carrying on his shoulder, charas was recovered. Accused respondent was told that whether he wants to be searched before a Gazetted Officer or Magistrate or by the same police party. On search of his bag, 2 kg 300 grams of charas was recovered and samples were taken and both charas and samples were sealed with seal impression 'B' and FIR was lodged. Before the search of the accused respondent, Additional S.P. arrived at the spot and participated in the proceedings. Later on, samples were sent for chemical examination and after completion of the investigation, accused respondent was charged for the offence u/s 20 of the NDPS Act.

6. In order to prove its case, prosecution examined as many as ten witnesses, whereas, accused through his statement u/s 313 Cr.P.C. denied the prosecution case.

7. While making search and apprehending the accused respondent, two independent witnesses, namely, Pawan Kumar (PW1) and Purshotam Dass Sood were associated, but out of these two, only Pawan Kumar was examined and Purshotam Dass Sood was given up allegedly having been wonover by the accused respondent. Pawan Kumar (PW1), an eyewitness, has put his signatures on the recovery memo by saying that the accused respondent had put his thumb impression. The accused before search was given grounds of arrest vide memo, Ex. PW1/C. Charas and samples were taken into possession vide recovery memo, Ex. PW1/B. PW1 has also stated that from where the accused was apprehended, the police station is about 100 meters from there. 1520 persons were at that time near the place of incident.

8. PW2 R.M. Sharma, Additional S.P., in support of the prosecution case has stated that on recovery of charas, Ex. P2, from the bag, Ex. P1, two samples, weighing 50 grams each, were taken and the charas and samples were sealed with seal 'B'. Seal after use was handed over to witness Pawan Kumar. Charas was taken into possession vide memo, Ex. PW1/B. The specimen impressions of the seal were taken on a piece of cloth, Ex. PW2/A. According to PW2, the bag was lying on the floor where police and the accused were present. PW2 has stated that the consent memo had already been prepared by the Head Constable before his arrival.

9. PW3 Himat Kumar carried the information to Additional S.P. On 18.03.1994. On the same day, at about 4 p.m., information about the arrest of the ac