IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr. A. No. 419 of 1997 Decided on: 6.9.2010 State of H.P. ..…Appellant Versus Khem Singh. ..…Respondent Coram The Hon’ble Mr. Justice R.B. Misra, J. The Hon’ble Mr. Justice V.K. Sharma, J. Whether approved for reporting?1 For the appellant : Mr. Rajinder Dogra, Addl. A.G. with Mr. Anil Jaswal, Dy. A.G. For the respondent : Mr. B.N. Mehta, Advocate as amicus- curiea. R.B. Misra, J. (Oral) Mr. B.N. Mehta, Advocate, is requested to assist the Court as amicus–curiea and he has kindly agreed for the same. 2. The present criminal appeal has come-up for consideration after leave to appeal under Section 378(3) of the Code of Criminal Procedure has been granted, in reference to the impugned judgment dated 3.8.1996, passed by learned Sessions Judge, Mandi, Kullu and Lahaul Spiti Districts at Mandi, H.P., 1 Whether the reporters of Local Papers may be allowed to see the judgment? 2 in Sessions Trial No. 8/96, whereby respondent-accused has been acquitted for the offence, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. The prosecution case is that on 14.11.95 ASI Tenzin was on patrolling when he got the secret information that respondent-accused deals in illicit distillation. Raiding party was constituted with association of two independent Moti Ram and Govind Ram and raided the house of the respondent- accused. Respondent-accused was present there and searched that place. One Kg. Charas was recovered from a gunny bag which was found in the corner of house from which two samples of 10 grams each were separated and sealed with seal impression ‘T’ and samples were sent for Chemical Examiner. On investigation, the respondent-accused was charged for the offence, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 4. Prosecution in support of its case has examined as many as ten witnesses namely PW-1 Krishan Lal, PW-2 Karam Chand, PW-3 Govind Ram, PW-4 Moti Ram, PW-5 ASI Som Parkash, PW-6 Constable Hem Singh, PW-7 H.C. Nihal Singh, PW-8 MHC Bhim Singh, PW-9 Constable Dhameshwar Ram and PW-10 Tenzin, whereas the respondents-accused through their statements under Section 313 Cr.P.C. denied the prosecution case. 5. On the analysis of the prosecution witnesses, we notice that PW-10 ASI Tenzin stated that after forming the raiding party, the search of the house of the accused was conducted where he was present and from corner beneath the 3 goat wool in a gunny bag, one Kg. Charas was recovered and other formalities were made, however, in cross-examination, PW-10 stated that the house was roofless but sheets had been put temporarily and there was a shutter in the door but no lock was there. 6. PW-2 Karam Chand has stated that he was standing in front of the house, which was under construction and house belonged to Khem Singh and gunny bag containing goat wool was lifted and charas was wrapped in a cloth. According to PW-2, the police had shouted for Moti Ram PW, who was also called there and they were five in number including the police officials but Govind Ram was not there and later on he was called when search was over. In cross-examination PW-2 has admitted that Hima Ram is the nephew of respondent-accused Khem Singh who was brought up by him. Though, he has denied that there was a dispute with him on account of land. According to PW-2 he had made payment to Hima Ram with respect of land measuring 3-7-0 in village Jhalli last year about two months prior to the alleged incident and since childhood of Hima Ram, such land was in his possession, but there was constant demand by Hima Ram, however, subsequently it was settled in Rs. 10,000/-. PW-2 has denied that he was keeping any grudge against Hima Ram on account of that dispute. PW-2 has also stated that 5/6 sheets were there on one portion and remaining part was without roof and place from where recovery was made was accessible to all. As per PW-2 Forest inspection road is in front of the house which was a thoroughfare and there was a house of Amar Singh nearby who resides with his family 4 there. According to PW-2 there was a temporary kitchen outside and nothing was inside except gunny bag. Respondent- accused Khem Singh residing with his wife but at that time his wife was not there From the statement, it appears that PW-2 remained outside along with Moti Ram and Govind Ram came later on as the weights were brought by him on the request of the police. . 7. PW-3 Govind Ram has stated that police was having the scale as against the statement of ASI Tenzin that the respondent-accused was having the scale and the weights were brought by him. Such contradiction is also noticed. We also notice that PW-2 Karam Chand happened to be present with the police whereas PW-3 Govind Ram and Moti Ram was not there and respondent-accused had alleged enmity with Karam Chand and it is also admitted by PW-2 that some land of Hima Ram was in his possession and he had paid Rs. 10,000/- only two months prior to the alleged recovery of the Charas. It has also come in evidence that carpenters were also working at the relevant time in the house under construction where from the alleged recovery was affected, whereas one of the witness stated that Khem Singh respondent-accused was not residing there at the time of the recovery. On close scrutiny of the prosecution witnesses, we find that prosecution witnesses are not reliable. Official witnesses are also incoherent. The place of recovery could not be ascertained. Contradictions and inconsistent are appearing. 8. On the analysis of prosecution witnesses and materials on record, learned Sessions Judge has rightly found 5 that prosecution has failed to prove its case beyond reasonable doubt. We find no scope of interference with the judgment of the acquittal. Accordingly, the appeal being devoid of any merit is, therefore, dismissed. 9. Bail bonds, furnished by the respondent-accused are hereby discharged. 10. Word of appreciation is placed on record for Mr. B.N. Mehta, Advocate, who has assisted this Court as amicus- curiea. (R.B. Misra), Judge. September 6, 2010 (V.K. Sharma), Judge. (vs)