JUDGMENT : Rajiv Sharma, J. This appeal is instituted against the judgment dated 9.6.2008 rendered by the Special Judge, Hamirpur in Sessions Trial No. 12 of 2007, whereby the respondent-accused (hereinafter referred to as the ?accused? for convenience sake), who was charged with and tried for offence punishable under section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, has been acquitted. 2. Case of the prosecution, in a nutshell, is that PW-10 Nek Ram was posted as Incharge, Police Post, Jahu. He alongwith Head Constable Kuldip Singh, Constable Kamaljit and Constable Bipan Kumar had laid a Naka on 15.2.2007 in front of Police Post, Jahu. They were checking the vehicles in routine. At about 11.10 P.M., a bus of Una Depot bearing registration No. HP-72-0163 came. It was intercepted. Police boarded the bus. Accused was sitting on seat No.16. He became panicky. He was ordered to get down from the bus alongwith two persons, who were sitting near his seat. He was informed of his legal right that he could offer his search before a Magistrate or a Gazetted Officer or a Police Officer. Accused gave consent on the memo Ex.PW- 1/A. He agreed to be searched by the police. On his personal search, a polythene pack of light green colour was found inside the inner which he was wearing inside his trousers. It was kept near his private parts. Constable Kamaljeet was deputed to bring weights and scale. Charas was weighed. It was found to be 350 grams. Two samples of 25 grams each were separated and sealed with seal =K'. The bulk Charas was also sealed in a different parcel with the same seal. The specimen impressions of seal were taken on a piece of cloth Ex.PW-1/F. The seal was handed over to PW-1 Sushil Kumar. Accused was arrested. Rukka Ex.PW-6/A was sent to the Police Station. FIR Ex.PW-7/A was registered. Site plan was also prepared. Station House Officer Baldev Singh re-sealed the parcels with seal =R' vide memo Ex.PW-11/A and seal impressions of seal =R' were taken on piece of cloth Ex.PW-11/B. He also made endorsement on the N.C.B. form. Case property was deposited with PW-9 Kishore Chand. He entered the same in Malkhana register. Contraband alongwith N.C.B. form and seal impression were sent through HHC Chuni Lal on 19.2.2007 to Forensic Science Laboratory, Junga. The report Ex.PW-10/D was received. Case property was deposited with PW-9 Kishore Chand. He entered the same in Malkhana register. Contraband alongwith N.C.B. form and seal impression were sent through HHC Chuni Lal on 19.2.2007 to Forensic Science Laboratory, Junga. The report Ex.PW-10/D was received. Special report Ex.PW-8/A was also sent to the office of Superintendent of Police, Hamirpur. Police investigated the case and the challan was put up in the court after completing all the codal formalities. 3. Prosecution examined as many as eleven witnesses in all to prove its case against the accused. Statement of accused under Section 313 Cr.P.C. was recorded. He denied the case of the prosecution in entirety. Learned trial Court acquitted the accused vide judgment dated 9.6.2008. Hence, the present appeal. 4. Mr. Ashok Chaudhary, learned Additional Advocate General has vehemently argued that the prosecution has proved its case against the accused. 5. Mr. Ashwani Kumar Sharma has supported the judgment passed by the trial Court. 6. We have heard the learned counsel for the parties and have gone through the record carefully. 7. PW-1 Sushil Kumar has deposed that on 15/16.2.2007, he alongwith Raj Kumar were travelling in a bus. When the bus reached near Police Chowki, the police had laid Naka. Bus was signalled to stop. Police entered into the bus. One boy, who was sitting in the bus, got perplexed. Police got suspicion. Accused consented for his personal search by the police vide memo Ex.PW-1/A. He signed the same. Raj Kumar also signed the same in his presence. Accused put his signatures on the consent memo. Police official gave his personal search. Nothing incriminating was found. Memo Ex.PW-1/B was prepared. Police conducted search of the accused. He was found in possession of one envelope wrapped in polythene from the private part inside the inner. Police sent Constable to bring weights and scale to measure the substance. It was weighed. Two samples were separately taken and thereafter, sample as well as bulk was packed and sealed on the spot. He did not remember what was recovered except the substance during personal search. He was declared hostile. He was cross-examined by the learned Public Prosecutor. He has admitted in his cross-examination that the police told the accused about his legal right of personal search to be conducted either by the police or by any Magistrate/Gazetted Officer. Charas weighed 350 grams. He did not remember what was recovered except the substance during personal search. He was declared hostile. He was cross-examined by the learned Public Prosecutor. He has admitted in his cross-examination that the police told the accused about his legal right of personal search to be conducted either by the police or by any Magistrate/Gazetted Officer. Charas weighed 350 grams. Two sample of 25 grams each were separately taken and put in a cigarette pack and sealed with seal impression =K'. In his cross-examination by the learned defence counsel, he has categorically admitted that he had not taken ticket of the bus from the conductor. The bus was full as per capacity. The distance between Police Chowki and Bus Stand was about ½ KM. Personal search of the accused was conducted by the police in the Police Chowki. He remained on the spot till the completion of proceedings. The weights were small but he did not know the details of the weights brought by the police official. He had not gone through the memos prepared by the police, but he has signed the memos as per the proceedings conducted by the police. 8. PW-2 Ramesh Chand has deposed that the police had come to his shop and taken the weights and scale. They had taken weights of 50 grams, 100 grams, 200 grams and 500 grams. 9. PW-3 Head Constable Kuldip Singh has deposed the manner in which accused was apprehended from the bus. He was sitting on seat No.16. Personal search of the accused was conducted. Charas was recovered from the accused. Sampling and seizure process was completed in accordance with law. Charas was weighed. It weighed 350 grams. In his cross-examination, he has deposed that the Naka was laid at 10.30 P.M. According to him, the shop from were the weights and scale were brought was closed at that time. Personal search of the accused was conducted on the spot. 10. PW-4 Chuni Lal has deposed that on 19.2.2007, MHC Kishore Chand handed over to him one sample of Charas duly sealed with seal =R' vide RC No. 23/07 alongwith N.C.B. form in triplicate having seal impression =K' and =R' in a docket. He deposited the case property with the Forensic Science Laboratory, Junga. 11. Statement of PW-5 Constable Pawan Kumar is formal in nature. 12. He deposited the case property with the Forensic Science Laboratory, Junga. 11. Statement of PW-5 Constable Pawan Kumar is formal in nature. 12. PW-6 Constable Bipan Kumar has deposed that Naka was laid in front of the Police Chowki. He alongwith Constable Kamaljit was present on the spot. The bus was stopped. He and ASI entered into the bus from the front door of the bus. Accused was found sitting on seat No.16. He got panicky. Independent witnesses Raj Kumar and Sushil Kumar were associated. He was deputed to carry rukka Ex.PW-6/A. He took the same to Police Station, Bhoranj for registration of case. 13. PW-7 S.I. Shashi Paul has recorded the FIR Ex.PW-7/A on the basis of rukka Ex.PW-6/A. 14. PW-8 ASI Ashwani Kumar has deposed about the special report. 15. PW-9 Head Constable Kishore Chand has deposed that on 16.2.2007, Inspector/SHO Baldev Singh deposited with him one parcel weighing 300 grams and two sample parcels of 25 grams each duly sealed with seal =R'. The bulk was having eight seals and sample parcels were having four seals affixed on the same alongwith N.C.B. form in triplicate having seal impressions =K' and =R'. He made entry in Register No.19 at Sr. No.513. He handed over one sample parcel on 19.2.2007 which was duly sealed and marked as A-1 alongwith N.C.B. form in triplicate and sample seal to HHC Chuni Lal vide RC No.23/07 to be deposited at F.S.L. Junga. HHC Chuni Lal after depositing the case property with F.S.L. Junga handed over the original R.C. to him on his return. 16. PW-10 S.I. Nek Ram has also deposed the manner in which accused was apprehended from the bus sitting in seat No.16. Personal search of the accused was carried. Charas was recovered. It was weighed. Samples were drawn. The bulk charas and samples were duly sealed and marked. He prepared rukka Ex.PW-6/A. It was sent through Constable Bipan Kumar to Police Station, Bhoranj. Spot map was also prepared. He also sent the special report. In his cross-examination, he has deposed that Naka was laid at 10.30 P.M. It was laid in front of Police Chowki, Jahu. The bus which was checked was bounded from Manali to Amritsar. One ticket of ` 30/- was of Kanika Hari Bus Service. Volunteered that there were also tickets of H.R.T.C. bus which were recovered from the accused. In his cross-examination, he has deposed that Naka was laid at 10.30 P.M. It was laid in front of Police Chowki, Jahu. The bus which was checked was bounded from Manali to Amritsar. One ticket of ` 30/- was of Kanika Hari Bus Service. Volunteered that there were also tickets of H.R.T.C. bus which were recovered from the accused. He has not taken into possession any record relating to the tickets from the conductor as well as from the Department. The checking of passengers including the accused was conducted inside the bus. No local persons were joined in the proceedings. The Station House Officer, Baldev Singh visited the spot at about 12.30 A.M. He has completed the proceedings before the arrival of the Station House Officer. The rukka was given at about 1.15 A.M. 17. PW-11 Inspector Baldev Singh has deposed that on 16.2.2007 at about 4.00 A.M. after patrolling, he reached near Police Post, Jahu, ASI Nek Ram met him. He was carrying on investigation of the case. Nek Ram told him all the facts of the case. He produced before him one bulk parcel containing 300 grams of charas sealed with eight seal impressions =K' and two sample parcels containing 25 grams each charas which were sealed with four seal impressions =K' and NCB-1 form in triplicate. He put all the three parcels in a separate three cloth parcels and resealed the same with seal having impression =R'. He prepared certificate Ex.PW-11/A. Sample of seal on a piece of cloth Ex.PW-11/B was taken. The bulk parcel is Ex.P-1 and sample parcels are Ex.P-2 and P-3. He reached the Police Post alongwith other Police officials. He deposited all the three parcels alongwith sample seal =K' and sample seal =R' and N.C.B. form No.1 in triplicate with MHC Kishore Chand. In his cross-examination, he has admitted that he had reached Jahu at about 4.00 A.M. 18. Statement of PW-1 Sushil Kumar does not inspire confidence. In his cross-examination, he has admitted that he has not purchased any ticket from the conductor. According to him, personal search of the accused was conducted by the police in Police Chowki. However, PW-3 Kuldip Singh has deposed that personal search of the accused was conducted on the spot. Prosecution has not examined any independent witness, though according to PW-1 Sushil Kumar, place where the Naka was laid was surrounded by many residential houses. According to him, personal search of the accused was conducted by the police in Police Chowki. However, PW-3 Kuldip Singh has deposed that personal search of the accused was conducted on the spot. Prosecution has not examined any independent witness, though according to PW-1 Sushil Kumar, place where the Naka was laid was surrounded by many residential houses. PW-10 S.I. Nek Ram has also admitted that no local person was joined in the proceedings. Accused was apprehended at 11.10 P.M. The police could easily associate independent witnesses from the adjoining houses. According to PW-10 S.I. Nek Ram, S.H.O. Baldev Singh reached the spot at 12.30 A.M. However, PW-11 Baldev Singh has categorically deposed that on 16.2.2007 he reached Police Post, Jahu at 4.00 A.M. He has reiterated in his cross-examination that he reached Jahu at about 4.00 A.M. Accused was apprehended at 11.10 P.M. Proceedings might have been completed within two hours. PW-1 Baldev Singh had reached Jahu at 4.00 A.M. According to him, he has re-sealed the bulk charas and samples on the spot. It cannot be believed that proceedings were continued upto 4.00 A.M. on 16.2.2007. According to PW-1 Sushil Kumar, Constable was deputed to bring weights and scale. PW-2 Ramesh Chand has deposed that police people had come to the spot and took weights and scale. However, PW-3 Kuldip Singh has deposed that the shop from where the weights and scale were brought was closed at that time. He does not say that the police had requested the shopkeeper to open the shop. PW-10 Nek Ram has not taken the tickets of PW-1 Sushil Kumar and Raj Kumar into possession. Thus, the version of prosecution that PW-1 Sushil Kumar was travelling in the bus cannot be believed. If PW-1 Sushil Kumar was travelling in the bus, he was supposed to buy the ticket. 19. The prosecution has failed to prove that contraband was recovered from the exclusive and conscious possession of the accused. We need not interfere with the well reasoned judgment rendered by the trial court. 20. Accordingly, in view of the analysis and discussion made hereinabove, the prosecution has failed to prove its case against the accused beyond reasonable doubt for offence under section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 21. Consequently, the appeal is dismissed.