The prosecution must establish its case beyond reasonable doubt; discrepancies and lack of independent witnesses can lead to acquittal.

JUDGMENT :

Mr. Jasjit Singh Bedi, J.:- The present application under Section 378(3) of Cr.P.C. has been filed for grant of leave to appeal against the judgment of acquittal dated 11.03.2019 passed by the Additional Sessions Judge, Fatehabad.

2. The instant FIR came to be registered on 24.01.2015. The accused came to be acquitted vide judgment dated 11.03.2019. The present application for grant of leave to appeal is dated 24.07.2019. The matter has come up for final hearing now after more than 09 years of the registration of the FIR.

3. In brief, the case of the prosecution is that on 24.1.2015, SI Karam Singh alongwith other police officials was present at Killa Mohalla, Tohana for crime checking and patrolling duty. Then E/ASI Baldev Singh met them near Balmiki Mandir and when they were going in a street towards Killa Mohalla for patrolling and crime checking duty, then one person having a plastic bag in his right hand, was seen coming out of a house, who on seeing the police party, turned back and started entering into the house. On suspicion, he was apprehended by the said SI with the help of other police officials and on interrogation, he disclosed his name as Sachin son of Naresh Kumar, resident of near Balmiki Mandir, Killa Mohalla, Tohana. On having suspicion of some narcotic substance in the plastic bag, a notice under Section 50 of the Narcotics Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as ‘the Act’) was served on him apprising him of his right to be searched before a Magistrate or Gazetted Officer as it was his legal right. The accused filed his reply reposing full faith in the police party. On seeing the police party, one-two persons came at the spot and they were asked to become witnesses, but they showed their inability. The notice and reply were signed by the accused and witnesses. On checking of the plastic bag, 20 bottles of Rexcof 100/100 ML, three strips of 60 tablets each, two strips of 50 tablets each and one strip of 20 tablets total 300 tablets of Alprazom 0.50 mg. were recovered. On demand, Sachin Kumar could not produce any medical slip, bill and licence of the recovered bottles and tablets. Thereafter, SI Karam Singh gave information to Sh.Dinesh Kumar, Drug Inspector, to reach at the spot. He reached the spot and an application was produced before him for seeking opinion regarding the recovered bottles and tablets, upon which the Drug Inspector gave his opinion. Thereafter, two samples from the recovered bottles of Rexcof and two strips of tablets Alprazom were separated and all the samples and parcels were sealed with the seal of ‘KS’ and the seal after use was handed over to E/ASI Amarnath. The case property was taken into police possession as per separate seizure memo, which was signed by the accused and witnesses. Since accused Sachin Kumar kept 20 bottles of Rexcof and 300 tablets of Alprazom in his possession without any medical slip, bill and licence, offence under Section 21-A & 22-B of the NDPS Act was found to have been committed by him. A rugqa was sent to the police station through E/ASI Shamser Singh, on the basis of which, formal FIR was registered. Investigation was commenced. Place of occurrence was inspected. Statements of witnesses were recorded. Accused Sachin was arrested. The accused, case property and witnesses were produced before the SHO, who verified the facts of the case and affixed his seal of ‘PK’ on the parcels. After medical examination, the accused was put in the police lock up and the case property was deposited with the Mohrar Malkhana. The accused suffered his disclosure statement admitting his guilt and he disclosed the name of Amrik Singh from whom he purchased the recovered narcotic drugs. The accused alongwith the case property was produced in the court of the Area Magistrate where inventory of the case property was got done. During police remand of the accused, he identified the place of purchase of the recovered narcotic drugs from Amrik Si