An acquittal based on material contradictions in witness testimonies and unexplained discrepancies in the weight of recovered contraband between the scene and the forensic lab is sound, as the prosecution must prove its case beyond reasonable doubt.

Vivek Singh Thakur, Judge

State has preferred this appeal against judgment dated 21.12.2013 passed by Special Judge-II, Solan, District Solan in Sessions Trial No.12-S/7 of 2010 titled ‘State of Himachal Pradesh vs. Rakesh Kumar & Anr.’ in case FIR No.03/2009 dated 09.10.2009 registered under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’) in Police Station State CID Bharari, Shimla, H.P., whereby the Trial Court has acquitted the respondents of charge under Section 20 NDPS Act.

2. According to prosecution case, 3.800 Kilogram Charas was recovered from respondents, when they were intercepted by the police party near Ochhghat Bye-pass, Kumarhatti, on 09.10.2009 at about 11:00 am on a motorcycle bearing registration No.HP-07-7088 being driven by respondent No.2-Balak Ram.

3. Prosecution case is that on 09.10.2009 at about 10:00 am, Sub Inspector/Additional SHO Minakshi Bhardwaj (PW-15), along with Sub-Inspector Keshav Negi (PW-11), Constable Parkash Chand (PW-3) and HHC Laiq Ram (PW-9), was interrogating accused Rajesh Kumar in case FIR No.2 of 2009 dated 08.10.2009 registered under Section 20 NDPS Act in Police Station CID at CID Unit, Solan. During interrogation, Rajesh Kumar disclosed that on 09.10.2009, two persons, namely Rakesh Kumar and Balak Ram, were also coming to Solan on motorcycle bearing registration No.HP-07-7088 for selling Charas.

4. The aforesaid information disclosed commission of offence under Section 20 of NDPS Act, and therefore, a Written Report under Section 42(2) of NDPS Act was transmitted by Sub Inspector Minakshi Bhardwaj (PW-15) to Superintendent of Police (Crime Branch), Shimla, through Constable Parkash Chand (PW-3). Thereafter, at about 10:15 am, Sub-Inspector Minakshi Bhardwaj (PW-15) along with Sub-Inspector Keshav Negi (PW-11) and HHC Laiq Ram (PW-9), in an official vehicle bearing registration No.HP-03-1426 being driven by Constable Sanjeev Kumar, proceeded towards Nauni (Ochhghat) after handing over case file of FIR No.2/2009 to Sub-Inspector Jagdish Chand. The police party reached at Ochhghat, Kumarhatti by-pass, at about 11:00 am and set up a Nakka there.

5. It is further case of the prosecution that at that time two persons came on foot from Nauni side, namely Vikram Singh (PW-1) and Pulkit Jain (PW-14). They, after being informed about the information received, were associated as witnesses. At about 11:30 am, a motorcycle bearing registration No.HP-07-7088 coming from Nauni side was stopped by Investigating Officer-Sub Inspector Minakshi Bhardwaj (PW-15). The rider of the motorcycle parked it and ran away, however, pillion rider was apprehended by the police party, who disclosed his name as Rakesh Kumar with his address. In presence of witnesses, respondent No.1-Rakesh Kumar, was informed about his legal rights to be searched before a Magistrate or a Gazetted Officer, who vide consent memo (Exhibit PW1/B) consented for his search by the Police Party.

6. A Pithu Bag, recovered from Rakesh Kumar, was opened, wherefrom 3.800 kg Charas was recovered. Recovered Charas was put in polybag and polypacket and were placed in the very Pithu Bag. Pithu Bag was packed in cloth parcel, which was sealed with four seals of impression ‘Y’. NCB Form (Exhibit PW6/E) was filled in triplicate. Facsimile of seal impression ‘Y’ was also taken separately on piece of cloth (Exhibit PW1/E) after embossing the same on the parcel. The case property along with motorcycle bearing registration No.HP-07-7088 was taken into possession vide memo (Exhibit PW1/D). Memos were signed