The prosecution must prove charges beyond reasonable doubt; contradictions in witness testimonies can undermine a conviction.

JUDGMENT :

The present appeal has been filed by the appellant against the judgment of conviction dated 11.10.2022 passed in a case arising from FIR No. 01/2022 of Police Station, Zainapora for offence under Section 8/20 of NDPS Act. The Ld. Trial Court found the appellant guilty of having stored in his house, four nylon bags of contraband weighing 42 kilograms and one nylon bag containing 2 kgms for which he was sentenced to undergo 15 years of rigorous imprisonment.

2. The brief facts of the case are as follows. On 14.02.2022, Police Station, Zainapora, received a source information to the effect that the appellant Amir Ahmad Bhat, a resident of village Awneera, Zainapora, has concealed some narcotics in his house with the intention of selling it. FIR No. 01/2022 was registered for the offences under Section 8/20 of the NDPS Act and investigation was set into motion.

3. During investigation, search warrant of the appellant’s residential premises was obtained from the Executive Magistrate, Zainapora, and in the presence of the Executive Magistrate, house of the appellant Amir Ahmad Bhat was searched and five nylon bags filled with ground Narcotics drug (Charas powder) was recovered from under the roof of the appellant’s house. The Narcotic was weighed using digital weighing scale. Four of the nylon bags weighed 42 Kgs and one nylon bag was weighed 2 Kgs.

4. Samples were collected in presence of Executive Magistrate for FSL examination. The packets of samples were sealed and remaining Narcotics substance was packed in five bags and were sealed. Seizure memo and site maps were prepared, and the statements of the witnesses were recorded. During recording of the statement of the witnesses, it was revealed that the accused Ghulam Hassan Bhat S/o Bashir Ahmad Bhat and Saqib Abdullah S/o Mohammad Abdullah Bhat, residents of Awneera Zainapora, were also found to be involved as accomplices along with the appellant, as such, offence under Section 29 of the NDPS Act was added. During investigation, offence under Section 8/20-29 NDPS Act were established against all the three accused and so they were arrested. FSL opinion was obtained and the opinion of the FSL has established the recovered substance containing narcotic substance “Ganga”. During the course of arguments on charge, vide order dated 21.04.2022, accused No. 2 and 3 were discharged and offence under Section 29 of NDPS was dropped and also accused Gh. Hassan Bhat S/o Bashir Ahmad Bhat and Saqib Abdullah S/o Mohammad Abdullah Bhat Residents of Awneera Zainapora were also dropped from the list of accused. However, there was sufficient evidence collected by the Investigating Officer against the appellant and accordingly, charge under Section 8/20 NDPS Act was framed against the appellant. Contents of the charge were read over and explained to the appellant, who denied the charge and claimed to be tried. Accordingly, the prosecution was directed to lead evidence in support of their case. Statements of PWs-7 and 9 recorded under Section 161 of Cr.P.C have been admitted by the by the appellant on 14.09.2022 at the stage of admission and denial of documents. During the course of trial, prosecution has examined seven out of nine witnesses named in the police report.

5. PW-1 HC Bashir Ahmad No. 80/SPN stated during examination in chief that accused is known to him. On 14.01.2022 he was posted at Police Station Zainapora. At 4 p.m, officers have received information that the appellant Amir Ahmad Bhat has concealed some narcotics substance in his house and accordingly, ASI Khursheed Ahmad and other police persons proceeded to the spot. SHO is stated to have informed the Magistrate to be present at the scene of discovery. When the witness reached the house of the accused, the Inspector was already present there along with the Magistrate and the search process was conducted in presence of Magistrate. The police party is said to have entered the house of and recovered five nylon bags among which,