IMPORTANT POINTS
Even in appeal against acquittal, the appellate court will be within its power to reappreciate the evidence and materials on record to reach its own conclusions.
Suspicion howsoever great cannot take place of proof.

JUDGMENT

AMITAVA ROY, J.

1. The instant appeal mounts a challenge to the judgment and orders dated 19.09.2016 and 22.09.2016 of the High Court of Himachal Pradesh at Shimla rendered in Criminal Appeal No. 218 of 2011 thereby reversing the verdict dated 29.12.2010 of acquittal of the appellant by the Trial Court from the charge under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, hereafter referred to as the “Act”). By the impugned decision, the appellant thus stand convicted under the above provisions of the Act and has been sentenced to undergo rigorous imprisonment for 20 years and to pay a fine of Rs. 2 lakhs, in default to suffer rigorous imprisonment for a period of one year.

2. We have heard Mr. Ajay Marwah, learned counsel for the appellant and Mr. Varinder Kumar Sharma, learned counsel for the respondent/State.

3. The skeletal facts portraying the prosecution case originate from the wee hours of 20.10.2009, precisely 4 a.m when the police patrol party led by Inspector/SHO Sanjeev Chauhan (PW-8), while located at a place known as Kelti Dhar noticed an Alto vehicle bearing registration No.HP-01K-0805 moving towards them from Shallang onward to Kullu. On seeing the patrol party, the driver of the vehicle stopped it, alighted therefrom and made good his escape in the adjacent apple orchard so much so that in spite of vigorous search operations by using the search lights, he could not be apprehended. As the place was secluded, the investigating officer, PW-8 directed HHC-Hira Singh, a member of the team to scout for independent witnesses to participate in the imminent search operations.

The said constable however returned after 15-20 minutes to disclose that neither any independent witness was available at that hour nor any passerby was noticeable. At this, the investigating officer associated HHC-Kashmi Ram and HHC-Hira Singh as witnesses and initiated a search of the vehicle in their presence. In course of the search, a black and red bag was found by the side of the seat of the driver and when opened the search party found black substance which prima facie by its smell appeared to be charas. The search team also retrieved the registration certificate of the vehicle which was in the name of Ses Ram son of Shri Devi Singh as well as a bank passbook of Himachal Gramin Bank issued in the name of Khekh Ram son of Chuhru Ram, R/o village Gramang, PO – Shallang showing a deposit of Rs.1,79,029/-as on 03.10.2009. The contraband on being weighed was found to be of 14.750 kgs. The bag containing the contraband was put in a cloth parcel and sealed with seal of impression “T”.

4. In the report under Section 173 Cr.P.C. the driver of the vehicle who fled was described to be stoutly built with height of 5’5” and aged about 30-35 years and was referred to as Khekh Ram. After the completion of seizure, ruqqa was sent to the police station through HHC-Hira Singh for the registration thereof. In course of the investigation on 20.10.2009, the owner of the vehicle Ses Ram was summoned who disclosed that he had sold the vehicle to one Govind Singh on 03.08.2009. Govind Singh was intercepted on 20.10.2009 who in turn disclosed that on 19.10.2009 the vehicle was taken by Khekh Ram for some personal work. Subsequent thereto, the appellant, Khekh Ram was arrested on 21.10.2009 while he was driving another vehicle. Govind Singh was later on arrested on 06.03.2010 and on completion of the investigation following the receipt of the report of the chemical analysis, proceedings under Sections 20 and 29 of the Act was instituted against the appellant and Govind Singh. The accused persons having denied the charge, they were put to trial.

5. The prosecution examined in all eight witnesses including the investigating officer. In course of their statements recorded under Section 313 Cr.P.C., the appellant and the co-accused stood by the denial of the charge and alleged false implication. No defence evidence was how