The presumption of innocence strengthens an acquittal, requiring overwhelming evidence for a conviction; mere discrepancies in testimony may justify maintaining an acquittal.

JUDGMENT :

Sukhvinder Kaur, J.

1. The appellant-State has preferred the instant appeal against judgment dated 27.02.2003, passed by learned Additional Sessions Judge-II, Jind, vide which respondent-accused Karan Singh @ Kuku has been acquitted.

2. Factual Scenario, as per prosecution version is that on 30.12.1998, when SI Wazir Singh along with other police officials were present on Sunder Branch Bridge on Pucca Road from village Nandgarh to village Bharon Khera and was talking with Ved Singh Ex.Sarpanch, a person came on a scooter without any number plate being driven rashly and negligently. When the said person was stopped, he perplexed and on interrogation disclosed his identity as Karan Singh @ Kuku son of Nathu Ram (accused/ respondent). On suspicion of having opium or charas in his possession, the accused was served with a notice under Section 50 of NDPS Act and the accused opted for his search in presence of a Gazetted Officer. Subhash Yadav, DSP, Head Quarter, Jind, was called at the spot and search of the accused was conducted. One green colour bag was recovered from the foot rest of the scooter and upon opening the said bag, charas in two wax paper was recovered. From each wax paper 100 grams was separated as sample and the residue on weighment was found to be 6 Kgs 800 grams, which was poured into the same bag. Sample parcels and residue were sealed with seal 'WS ad 'SY'. The seal 'WS' after use was handed over to HC Ram Avtar, whereas seal 'SY' was retained by the DSP. The sample parcels, residue and the scooter were taken into police possession. FIR was registered. Rough site plan of the place of recovery was prepared and the statements of witnesses under Section 161 Cr.P.C. were recorded. The accused was arrested and the case property was handed over to MHC of the Police Station, who prepared report under Section 57 of the NDPS Act and sent the same to DSP, Head Quarter, Jind. The samples were sent to Director FSL Madhuban and on received of FSL report and completion of all other formalities, challan under Section 173 Cr.P.C. against the accused person was presented in the court, for judicial verdict.

3. After finding a prima facie case against the accused, he was charge-sheeted for the offences punishable under Section 20 of NDPS Act, to which he pleaded not guilty and claimed trial.

4. In order to prove its case, the prosecution has examined PW1- Ganga Ram, PW2-HC Devi Chand, PW3-MHC Raj Kumar, PW4- Superintendent of Police, Subhash Yadav, PW5-HC Ram Avtar and PW6-Inspector Wazir Singh.

5. Statement of accused under Section 313 Cr.P.C. was recorded in which, all incriminating evidence was put to him, which he denied and pleaded innocence. In his defence evidence, the accused examined DW1- Constable Jasbir Singh and DW2-Ex.-Sarpanch Ved Singh and also tendered into evidence some documents.

6. Learned trial Court concluded that prosecution had failed to prove its case against the accused beyond reasonable doubt and acquitted the accused of the offences in the present case.

7. Aggrieved of the said decision, present appeal has been filed by the appellant-State challenging acquittal of the accused Karan Singh @ Kuku.

8. Learned counsel for the appellant-State has vehemently contended that learned trial Court has failed to appreciate the fact that recovery of the contraband from the possession of the accused was effected after following proper procedure as prescribed under the Act. The total quantity of 7 Kgs of Charas was recovered from the accused and such a huge quantity of contraband cannot be planted. Learned trial Court had wrongly held that there are material discrepancies in the statement of the prosecution witnesses. However, as the incident ha