JUDGMENT : Rajiv Sharma, J. The State has come in appeal against Judgment dated 13.7.2012 rendered by the learned Special Judge, Fast Track Court, Chamba, District Chamba (HP) in Sessions Trial No. 2/2012, whereby respondent-accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act' for convenience sake), has been acquitted by the learned trial Court. 2. Prosecution case, in a nutshell, is that on 15.1.2012 at around 3.30 AM, PW-10 IO/HC Shoukat Ali accompanied by Constable Suresh (PW-1), SPO Jamal Deen (PW-2) and SPO Jan Mohd. was present on routine traffic checking and picketing at Zero Point, Jassourgarh. A Maruti car No. HP-47-0149 came from the side of Jassourgarh being driven by accused. On seeing the police, accused alighted from the aforesaid vehicle and after locking the same ran away towards Jassourgarh. Police apprehended the accused. It was a secluded and isolated place. No independent witnesses were available. Accused was apprised of his right under Section 50 of the Act. He opted to be searched by the police party. On personal search of accused one white coloured cloth bag was found inside his jacket, sweater and shirt worn by him. White coloured bag was found on his belly side. On checking the same, a transparent polythene bag containing hard substance in the shape of black coloured sticks was recovered. It was found to be Charas. It weighed 1 kg. The recovered Charas was put in same polythene bag and polythene bag was put in a cloth bag. Thereafter, in the presence of Jamal Deen, Car was also checked. Beneath the driver seat, one cream coloured bag was recovered containing polythene bag. On opening the polythene bag, hard substance in the shape of black coloured sticks was found. It was found to be Charas. It also weighed 1 kg. Charas so recovered was put in the polythene bag and polythene bag was put back in cream coloured bag. Sealing proceedings were completed on the spot. NCB form in triplicate was filled in. Rukka Ext. PW-5/A was prepared and sent to the Police Station for registration of FIR. FIR Ext. PW-4/A was registered. On reaching the Police Station, Shoukat Ali deposited the case property with MHC Bachhan Singh (PW-4). Sealing proceedings were completed on the spot. NCB form in triplicate was filled in. Rukka Ext. PW-5/A was prepared and sent to the Police Station for registration of FIR. FIR Ext. PW-4/A was registered. On reaching the Police Station, Shoukat Ali deposited the case property with MHC Bachhan Singh (PW-4). He made entry to this effect in the Malkhana Register. Case property was sent to the FSL Junga. Report of FSL Junga is Ext. PX. 3. Prosecution has examined as many as ten witnesses to prove its case against the accused. Accused was also examined under Section 313 CrPC. He pleaded innocence. DW-1 Ashraf Khan and DW-2 Vijender Kumar, were examined from the defence side. Accused was acquitted as noticed above. Hence, this appeal by the State. 4. Mr. P.M. Negi, Deputy Advocate General has vehemently argued that the prosecution has proved its case against the accused. 5. Mr. Vijay Bir Singh, Advocate, has supported the Judgment dated 13.7.2012. 6. We have heard the learned counsel for the parties and also gone through the Judgment and record carefully. 7. Suresh Kumar (PW-1) testified that on 15.1.2012, he alongwith HC Shoukat Ali, SPO Jamal Deen and SPO Jan Mohd. at around 3.30 AM, was present at Zero Point, Jassourgarh road. One vehicle came from the side of Jassourgarh. On seeing the police, driver stopped the vehicle and after alighting and locking the vehicle ran away towards Jassourgarh. He was nabbed. He disclosed his identity. It was a lonely place. There was no habitation in nearby area of 2 kms. Accused was searched. Search memo Ext. PW-1/A was prepared. On personal search of accused, one white coloured cloth bag was found inside the shirt on belly side. Bag was taken out. It contained polythene bag. The polythene bag contained hard substance in the shape of black coloured sticks. It was found to be Charas. It weighed 1 kg. Car was also searched. Beneath the driver seat, one cream coloured bag was found. It contained another polythene bag. It was also opened. It contained Charas. It also weighed 1 kg. White coloured bag and cream coloured bag containing Charas were parcelled with five impressions of seal ‘D’. Specimen of seal ‘D’ was taken on a separate piece of cloth. NCB form was filled in. Rukka mark X was prepared by HC Shoukat Ali. It was sent through him to SHO Police Station, Tissa. It also weighed 1 kg. White coloured bag and cream coloured bag containing Charas were parcelled with five impressions of seal ‘D’. Specimen of seal ‘D’ was taken on a separate piece of cloth. NCB form was filled in. Rukka mark X was prepared by HC Shoukat Ali. It was sent through him to SHO Police Station, Tissa. FIR was registered. In his crosse-xamination, he has admitted that the distance between PP Nakrod and Zero Point, Jassourgarh was 7 kilometres. He denied the suggestion that at a distance of 100 metres from Jassourgarh, there was a shed of P.W.D. and Chowkidar used to reside there. 8. Jamal Deen (PW-2) also corroborated the statement of Suresh Kumar (PW-1). In his cross-examination, he has admitted that from Madhuwad, no effort was made to take along independent witnesses nor any effort was made at Zero Point, Jassourgarh. Proceedings were held with the help of home light. 9. HC Bachhan Singh deposed that he was posted as MHC Police Station Tissa since 2010. On 15.1.2012, around 9 AM, Constable Suresh Kumar delivered Rukka mark X on the basis of which FIR Ext. PW-4/A was registered. On the same day, HC Shoukat Ali delivered a parcel sealed with seal impression ‘D’ alongwith specimen seal, NCB form in triplicate and case file before SHO Jagdish for resealing of case property. Case property was resealed by affixing five seals of impression ‘A’ on parcel Ext. P-1. Impression of seal ‘A’ was drawn on separate piece of cloth Ext. PW-4/C. After resealing the case property alongwith sample seals, seizure memo, NCB form were handed over to him for depositing in the Malkhana. He made entry to this effect in Malkhana Register no. 19 at Sr. No. 178. He proved abstract of Malkhana Register. 10. Constable Deepak Kumar (PW-6) testified that he was posted as General Duty Constable at Police Station Tissa from June 2009. On 16.1.2012, MHC Police Station Tissa handed over to him one parcel duly sealed with seal impressions ‘D’ and ‘A’ containing five seals each alongwith sample seal, NCB form, seizure memo, copy of FIR and docket vide RC No. 10/12 for depositing the same with FSL Junga. He handed over the same at FSL Junga on 17.1.2012 at 10.30 AM and handed over receipt to MHC Police Station Tissa. 11. He handed over the same at FSL Junga on 17.1.2012 at 10.30 AM and handed over receipt to MHC Police Station Tissa. 11. HC Arvinder Singh (PW-7) testified that on 16.1.2012, case property i.e. parcel sealed with five impressions of seal ‘D’ and ‘A’ alongwith sample seal, NCB form, seizure memo, copy of FIR and docket were handed over to Constable Deepak Kumar vide RC No. 10/12 for handing over to FSL Junga. He after handing over the same at FSL Junga returned the receipt. 12. Inspector Jagdish Chand (PW-8) also testified that at around 1.15 PM, HC Shoukat Ali produced before him one parcel duly sealed with five seals of impression ‘D’ alongwith sample seal and NCB form in triplicate for resealing. He resealed the parcel by affixing five seals of seal impression ‘A’ and inspected the seals impression ‘D’ on the parcel. Sample seal of seal ‘A’ was separately taken on piece of cloth. Reseal memo Ext. PW-4/D was prepared in the presence of witnesses HC Bachhan Singh and Constable Ajay Kumar. Case property was handed over alongwith documents to MHC Bachhan Singh. 13. HC Shoukat Ali (PW-10) also testified the manner in which accused was apprehended at 3.30 AM at Jassourgarh. Accused was apprised of his right as per provisions of Section 50 of the Act. 1 kg Charas was recovered from inside his jacket and 1 kg Charas was recovered from a cream coloured bag kept in the car. It was weighed. Sealing proceedings were completed at the spot. He produced case property before the SHO Jagdish Chand (PW-8). He resealed the same. He could not associate any independent witnesses at Zero Point since place was secluded. There was no habitation within a radius of 2 kms. He did not make any efforts to associate any independent witnesses nor deputed anyone in this behalf. 14. Accused was apprehended at 3.30 AM at Jassourgarh. 1 kg Charas was recovered from his person and another 1 kg Charas was recovered from the car. Search, seizure and sampling proceedings were completed at the spot strictly in accordance with the Act. Accused was apprised of his legal right to be searched before a Magistrate or a Gazetted Officer. Consent memo is Ext. PW-2/B. It is strictly in conformity with Section 50 of the Act. Search, seizure and sampling proceedings were completed at the spot strictly in accordance with the Act. Accused was apprised of his legal right to be searched before a Magistrate or a Gazetted Officer. Consent memo is Ext. PW-2/B. It is strictly in conformity with Section 50 of the Act. Learned trial Court has erred in law by giving findings that consent memo was not in conformity with law. Judgment relied upon by the learned trial Court in Sunil vs. State reported in 2010 (1) Shim. LC 192 has been overruled by this Court in the case of State of H.P. vrs. Mehboon Khan and analogous matters, reported in Latest HLJ 2014 (HP) (FB) 900. The Full Bench of this Court has categorically held that there is no legal requirement of the presence of particular percentage of resin to be there in the sample and the presence of the resin in purified or crude form is sufficient to hold that the sample was that of Charas. It has been held as follows: “…………..The separated resin is cannabis resin not only when it is in ‘purified’ form, but also when in ‘crude’ form or still mixed with other parts of the plant. Therefore, the resin mixed with other parts of the plant i.e. in ‘crude’ form is also charas within the meaning of the Convention and the Legislature in its wisdom has never intended to exclude the weight of the mixture i.e. other parts of the plant in the resin unless or until such mixture proves to be some other neutral substance and not that of other parts of the cannabis plant. Once the expert expressed the opinion that after conducting the required tests, he found the resin present in the stuff and as charas is a resinous mass and after conducting tests if in the opinion of the expert, the entire mass is a sample of charas, no fault can be found with the opinion so expressed by the expert nor would it be appropriate to embark upon the admissibility of the report on any ground, including non-mentioning of the percentage of tetrahydrocannabinol or resin contents in the sample…………..” 15. Accused was apprehended at 3.30 AM. There was no habitation within a radius of 2 kms. There was no possibility of joining independent witnesses at the time of starting search, seizure and sampling proceedings. Accused was apprehended at 3.30 AM. There was no habitation within a radius of 2 kms. There was no possibility of joining independent witnesses at the time of starting search, seizure and sampling proceedings. Statements of official witnesses inspire confidence and are trustworthy. 16. Prosecution has proved beyond reasonable doubt that the contraband was recovered from the exclusive possession of the accused. 17. The appeal is allowed. Judgment dated 13.7.2012 rendered by the learned Special Judge, Fast Track Court, Chamba, District Chamba (HP) in Sessions Trial No. 2/2012 is set aside. The accused is convicted for offence punishable under Section 20 of the Act. Accused be produced to be heard on quantum of sentence on 20.6.2016. 18. Registry is directed to prepare the production warrant.