The court reaffirmed that in narcotic cases, the prosecution bears a heavy burden of proof, and any reasonable doubt resulting from discrepancies leads to acquittal.

JUDGMENT :

Satyen Vaidya, J.

By way of instant appeal, State of Himachal Pradesh has assailed the judgment dated 20.5.2011, passed by learned Special Judge (Fast Track Court) Solan, in case No. 18 FTC/7 of 2010, whereby the respondents have been acquitted of the charge under Section 20 of the Narcotic Drugs & Psychotropic Substances Act (for short the Act).

2. The case as set up by the prosecution against the respondents was that on 16.1.2010, police officials namely SI Rattan Singh, ASI Krishan Chand, HHC Bihari Lal and C. Gargesh Kumar of Police Station CID, Shimla left Shimla for patrol duty at 8.05 A.M. in official vehicle No.HP-07A-032, driven by driver Rajinder Singh. After visiting the places like Nohradhar and Rajgarh etc. in District Sirmour, on way back at about 5.30 P.M. the police party stopped one vehicle (Mahindra Bolero) bearing registration No.HP-01A-1901 for checking near place ‘Nauni’ in District Solan. All the four accused were found occupying the vehicle. SI Rattan Singh carried checking of the vehicle and found one polythene bag lying in between the occupants of front bench of the vehicle and another backpack lying in between the occupants on the rear seat of the vehicle. The polythene bag as well as the backpack found in the vehicle contained charas. The total quantity of charas recovered from both the bags was weighed and found 9 kg 700 grams.

3. Identification memo in respect of recovered substance Ext. PW-1/A was prepared. The recovered charas was placed back in the backpack along with the packet found in between of occupants of front bench of the vehicle. The backpack along with articles therein was placed in a white cloth parcel and sealed with six seals having letter “P” inscribed on it. Facsimile of sample seal was obtained and preserved as Ext. PW-1/B. Seizure memo of the contraband as also the documents of the vehicle Ext. PW-1/C was prepared. Columns 1 to 8 of NCB Form Ext. PW-6/B were filled on spot. ‘Rukka’ Ext. PW- 7/A was prepared and was sent along with other seized articles and NCB Form to Police Station, CID Shimla through PW-5 Constable Gargesh Kumar. FIR Ext. PW- 6/A was registered. Resealing procedure was carried by HPW-6 Inspector Lal Singh. Resealing certificate Ext. PW-6/C was prepared. The contraband along with other seized articles, NCB Form and sample seals were deposited with MHC Prakash Chand (PW-7), who made the relevant entries in Malkhana Register Ext. PW-7/B.

4. On 18.1.2010, PW-9 SI Rattan Singh prepared Special Report Ext. PW-3/A and sent the same to Superintendent of Police (CID) Shimla through PW-4 Constable Govind Singh which was received in the office of Superintendent of Police (CID) Shimla by PW-3 Constable Naginder Kumar and presented before Superintendent of Police (CID) Shimla on the same date.

5. On 18.1.2010, MHC Prakash Chand PW-7 dispatched the contraband along with related material to SFSL, Junga through PW-8 HC Devinder Kumar. After chemical examination, the SFSL Junga prepared its report Ext. PW-9/L and the sample examined was found to be that of Charas (Cannabis).

6. Site map Ext. PW-9/B was prepared. All the respondents were arrested vide arrest memos Ext. PW-9/C to PW-9/F.

7. On completion of investigation report under Section 173 Cr.P.C. was presented. All the respondents were charged for offence under Section 20 of the Act. They pleaded not guilty and claimed trial. Prosecution examined total 9 witnesses besides proving on record various documents. Respondents were examined under Section 313 Cr.P.C. They also examined one witness in defence and proved documents Ext. DW-1/A and DW-1/B i.e. rough site map of th