The prosecution must prove the recovery of contraband beyond a shadow of reasonable doubt, and inconsistencies in witness statements can lead to acquittal.

JUDGMENT

Oswal-J. - This criminal acquittal appeal arises out of the judgment dated 16.02.2012 passed by the court of Principal Sessions Judge, Rajouri (hereinafter to be referred as the trial court) in file No. 21/Sessions, titled, State vs. Mohd. Naseer and others, arising out of FIR No. 357/2010 of Police Station, Rajouri, whereby the respondents have been acquitted of the charges for commission of offence under sections 8, 21 and 22 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short the Act).

2. The judgment has been assailed on the ground that the learned trial court has failed to appreciate the prosecution evidence in its true and correct perspective and the conclusion drawn by the learned trial court is against the weight of the evidence brought on record by the prosecution.

3. Mr. R. S. Jamwal, learned AAG appearing for the appellant vehemently argued that the prosecution had proved the recovery of contraband from the respondents by leading cogent evidence and the opinion of the expert also substantiated that the recovered material is narcotics substance, therefore, the judgment impugned is not sustainable in the eyes of law.

4. Heard and perused the record.

5. The case projected by the prosecution is that a source information was received by In-charge Police Station, Rajouri on 25.09.2010 that one bus bearing registration No. JK02H 3869 is coming from Jammu to Rajouri and the intoxicant drugs are being brought in the said bus to Rajouri. After receipt of this information, In-charge Police Station, Rajouri along with other police officials laid a naka at Panja Chowk Rajouri. At around 1.00 AM, the said bus reached the barricade but it crossed the barricade in spite of fact that the driver was asked to stop the bus. The police party chased the bus and it was intercepted at some distance. The persons travelling in the bus were informed that they are required to be searched along with the bus. The driver and the passengers in the vehicle stated that they wanted to be searched in presence of Gazetted Police Officer. Dy.SP was summoned on spot and persons sitting in the bus were enquired about their whereabouts. The driver of the bus disclosed his name as Mohd. Naseer, respondent No. 1 herein and brought out 600 Paravon Spas capsules from the tool box of the vehicle. The other accused in the bus produced three bags before the Police party and from each bag 100 bottles of 100ml each Corex were recovered. The capsules and Corex were seized on spot and a docket was sent to Police Station for registration of the FIR and on receipt of the docket, FIR bearing No. 357/2010 for commission of offence under sections 8, 21 and 22 of the Act was registered against the respondents. Investigation of the case was handed over to ASI, Tasaduq Hussain. During the course of investigation, samples were extracted from seized drugs and were sent to FSL for examination. After receipt of the FSL report and completion of the investigation, charge sheet was filed before the trial court. Vide order dated 07.02.2011, the respondents were charged for commission of offence under sections 8, 21 and 22 of the Act. The prosecution had cited as many as 13 witnesses out of which 11 witnesses were examined. The accusedrespondents did not lead any evidence in their defence and the learned trial court after hearing both the parties, vide judgment impugned acquitted the respondents.

6. In an appeal against acquittal, this Court has to examine as to whether the view taken by the learned trial court, while acquitting the respondents, is plausible/possible one and if it is so, then no interference with the judgment of acquittal is warranted. In order to examine the validity of the judgment impugned, it is imperative to have a brief resume of relevant portion of the prosecution evidence.

7. PW-1 Jan Mohd stated that on 25.09.2010, he was posted as In-charge Police Station, Rajouri. During patrol duty, he received information that a bus was on its way from