JUDGMENT Chander Bhusan Barowalia, J —The present appeals have been preferred by the appellants/accused/convicts (hereinafter referred to as "the accused") laying challenge to judgment, dated 03.10.2016, passed by learned Special Judge, Chamba, H.P., in Sessions Trial No. 46 of 2014, whereby the accused persons were convicted for the offence punishable under Sections 20, 25 and 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as "the ND&PS Act") . 2. The brief facts of the case can tersely be summarized as under: On 20.07.2014, at about 03:20 p.m., police personnel laid a nakka at place Sudli Chowk, Chowari, for checking the vehicles. At about 08:15 p.m., a Balero, bearing registration No. PB 06L-3818, was stopped for checking. In the vehicle alongwith the driver one person was sitting on the front seat. Driver disclosed his name as Jagdish Chand and other person divulged his name as Daya Ram (accused persons) . Accused Daya Ram got perplexed and he tried to hide a bag, so upon suspicion that accused persons may have some contraband, police apprised them about their right to be searched before a Magistrate or Gazetted Officer. Both the accused persons expressed their willingness to be searched before a Gazetted Offficer, so Deputy Superintendent of Police, Dalhousie was telephonically asked to come on the spot. Lady Constable Monika was deputed to arrange independent witnesses, but no one was found, as it was Sunday and the shops were closed. At about 09:05 p.m., Deputy Superintendent of Police reached the spot and he authorized SI Hoshiar Singh to search the bag. Firstly, all the police personnel gave their personal search to the accused persons. Thereafter, the bag of the accused persons was searched. The bag contained a green color carry bag, which contained black color substance and a polythene envelope. The black color substance on smelling was found to be charas. The contraband, recovered from the green bag, on weighment, was found to be one kilogram and the contraband found in the polythene envelope was found to be 200 grams. Thus, a total quantity of one kg 200 grams of contraband was recovered from the accused persons. The contraband was repacked and sealed in a cloth parcel, which was sealed at six places with seal ''H''. NCB form was filled in and seal after its use was handed over to ASI Angat Ram. Thus, a total quantity of one kg 200 grams of contraband was recovered from the accused persons. The contraband was repacked and sealed in a cloth parcel, which was sealed at six places with seal ''H''. NCB form was filled in and seal after its use was handed over to ASI Angat Ram. The recovered charas was taken into possession. Photographs of the proceedings were taken and after preparing rukka, it was sent to Police Station Chowari. A copy of rukka was also sent to Superintendent of Police, Chamba. Spot map was prepared and the statements of the witnesses were recorded. The accused persons were arrested. Subsequently, the case property was produced before SHO Kripal Singh, who resealed the same and deposited it with MHC. Special report was sent to Superintendent of Police, Chamba. After completion of the investigation, challan was prepared and presented in the Court. 3. The prosecution, in order to prove its case, examined as many as eleven witnesses. Statements of the accused persons were recorded under Section 313 Cr.P.C., wherein they pleaded not guilty and claimed to be tried. The accused persons examined a defence witness. 4. The learned Trial Court, vide impugned judgment dated 03.10.2016, convicted the accused persons for the offence punishable under Section 20 of the ND&PS Act and sentenced them to undergo rigorous imprisonment for a term of ten years and to pay fine of Rs. 1,00, 000/-. In default of payment of fine, the accused persons were to further undergo simple imprisonment for a period of one year. The accused persons were also convicted for the offence punishable under Section 25 of the ND&PS Act and sentenced to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs. 1,00, 000/- and in default of payment of fine, they were to undergo simple imprisonment for a period of one year. Both the accused persons were sentenced for the offence punishable under Section 29 of the ND&PS Act and sentenced to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs. 1,00, 000/- and in default of payment of fine they were to further undergo simple imprisonment for a period of a year. All the sentences were ordered to run concurrently. 5. 1,00, 000/- and in default of payment of fine they were to further undergo simple imprisonment for a period of a year. All the sentences were ordered to run concurrently. 5. The learned counsel for the appellants has argued that the learned Trial Court has failed to appreciate the fact that no independent witness was associated by the police. He has further argued that as alleged recovery was effected at about 08:30 p.m. and there were houses and shops adjoining the place where allegedly the recovery was effected from the accused persons, so independent witnesses could have been associated. Thus, non-joining of the independent witnesses is fatal to the prosecution case. He has further argued that there is nothing on record that Investigating Officer made any attempt to join the independent witnesses. The statements of official witnesses are full of discrepancies with respect to the time of recovery, coming of Deputy Superintendent of Police on the spot and timing on the rukka and NCB form, so the learned Trial Court has committed illegality in relying upon the statements of official prosecution witnesses. In contrast, the learned Additional Advocate General has argued that the place, where the vehicle of the accused persons was intercepted and recovery was effected, is secluded and as it was odd hours of night, no independent witnesses were available. He has argued that the photographs of the recovery of charas clearly show the presence of Deputy Superintendent of Police on the spot and the statements of the official prosecution witnesses inspire confidence. Thus, the learned Trial Court has appreciated the evidence to its right and correct perspective and no illegality was committed by the learned Trail Court by convicting the accused persons, so the appeal be dismissed. 6. In rebuttal, the learned Counsel for the appellants has argued that as no independent witness has been associated by the prosecution, so the appeal be allowed. 7. In order to appreciate the rival contentions of the parties we have gone through the record carefully. 8. Pw-1, Lady Constable Sapna, deposed that on 20.07.2014 she accompanied Additional SHO Hoshiar Singh, Lady Constable Monika and ASI Angat Ram. As per the version of this witness, they had laid a nakka at place Sudli Chowk, Chowari, as they had direction from superior officers. A Bolera, having registration No. PB06L-3818, came from Jot side and was stopped for checking. Pw-1, Lady Constable Sapna, deposed that on 20.07.2014 she accompanied Additional SHO Hoshiar Singh, Lady Constable Monika and ASI Angat Ram. As per the version of this witness, they had laid a nakka at place Sudli Chowk, Chowari, as they had direction from superior officers. A Bolera, having registration No. PB06L-3818, came from Jot side and was stopped for checking. The driver disclosed his name as Jagdish and the passenger sitting on the front passenger seat disclosed his name as Daya Ram. She has further deposed that accused Daya Ram had a bag, which he was trying to hide. Consent memos, Ex. PW-1/A and Ex. PW-1/B were prepared and subsequently, SI informed Deputy Superintendent of Police, Dalhousie and called him on the spot. The Deputy Superintendent of Police reached on the spot after about half an hour. As the place was secluded, so no independent witness was available. Through memos, Ex. PW-1/C and Ex. PW-1/D, the police personnel gave their personal search to the accused persons. Thereafter, Deputy Superintendent of Police authorized SI to take personal search of the accused and their vehicle. Vide memos, Ex. PW-1/E and Ex. PW-1/F, personal search of the accused persons was conducted. Later on, bag of the accused Daya Ram was searched, which contained a green bag. The said green bag contained a polythene bag, which contained black substance. The police on the basis of experience and smelling found it to be charas. She has further deposed that on weighment the recovered contraband from the green polythene bag was found to be one kg and contraband recovered from the polythene bag was found to be 200 grams. The recovered contraband was repacked in the same manner and put in parcel, which was sealed with six seals of impression ''H''. NCB form, in triplicate, was filled in and the seal after its use was handed over to ASI Angat Ram, vide memo, Ex. PW1/J. The recovered contraband, vehicle alongwith its documents and key was taken into possession vide recovery memo, Ex. PW-1/K. She alongwith ASI Angat Ram signed all the memos and the signatures of the accused persons were also obtained on the memos. As per her testimony, I.O. prepared rukka and gave her to be handed over to SHO, Police Station Chowari, whereupon FIR was registered and case file was handed over to her, which she gave to SI Hoshiar Singh at Sudli Chowk. As per her testimony, I.O. prepared rukka and gave her to be handed over to SHO, Police Station Chowari, whereupon FIR was registered and case file was handed over to her, which she gave to SI Hoshiar Singh at Sudli Chowk. This witness, in her cross-examination, has deposed that they had checked 15-20 vehicles and 2-3 vehicles were challaned. She has deposed that there are 2-3 shops at Sudli Chowk and the same were closed, as it was Sunday. She has further deposed that Lady Constable Monika was deputed to associate independent witnesses, but no one was associated. She inquired from accused Daya Ram that what is in the bag, but he tried to hide the same. 9. Pw-2, Lady Constable Monika Devi, deposed that on 20.07.2014 she alongwith SI Hoshiar Singh, LC Sapna and ASI Angat Ram had laid a nakka at Sudli Chowk. At about 08:30 p.m. they stopped a vehicle coming from Jot. The driver of the vehicle disclosed his name as Jagdish Chand and other passenger, who was sitting on the front seat, disclosed his name as Daya Ram. She has further deposed that accused Daya Ram was carrying a carry bag, which he was trying to hide. On suspicion, the accused persons were apprised of their right to be searched before a Gazetted Officer. SI telephoned Deputy Superintendent of Police, Dalhousie, who reached on the spot at 09:05 p.m. Firstly, police party gave their own search, but nothing incriminating was found. Thereafter, the carry bag, carried by the accused, was checked. From the said carry bag, a green bag was recovered, which contained a polythene bag. The said polythene bag contained some substance, which was in the shape of sticks. Contraband recovered from the green bag, on weighment, was found to be one kg and the contraband recovered from the polythene was found to be 200 grams. As per her testimony, the recovered contraband was repacked in the same manner and sealed in a parcel with six seals having impression ''H''. Thereafter, rukka was prepared by the I.O. and it was handed over to lady Constable Sapna and a copy thereof was also given to her, which she handed over to Superintendent of Police, Chamba, on the subsequent day. She has further deposed that on 22.07.2014 I.O. gave him special report, which she delivered to Additional Superintendent of Police. Thereafter, rukka was prepared by the I.O. and it was handed over to lady Constable Sapna and a copy thereof was also given to her, which she handed over to Superintendent of Police, Chamba, on the subsequent day. She has further deposed that on 22.07.2014 I.O. gave him special report, which she delivered to Additional Superintendent of Police. She also clicked photographs of the proceedings, which are Ex. PW-2/A-1 to Ex. PW-2/A-10. She was sent by the I.O. to associate independent witnesses, but witnesses could not be associated and to this effect she submitted her report, which is Ex. PW-2/B, to the I.O. Through memo, Ex. PW-1/J, seal was handed over to ASI Angat Ram, and she also signed the said memo. This witness, in her cross-examination, has deposed that on that day they checked 15-20 vehicles and 7-8 vehicles were challaned. As per this witness, SI Hoshiar Singh was having his personal weighing machine. She admitted that there are tea shops at Sudli Chowk, but she denied that the shops remain open till 10:00 p.m. She searched for witnesses in the nearby area, but no witness was available. 10. Pw-3, HHC Des Raj, deposed that on 22.07.2014, MHC Raj Singh, vide RC No. 106/14, gave him the case property, which he deposited at Forensic Science Laboratory, Junga, and receipt was handed over to MHC. As per this witness, alongwith the case property seizure memo, NCB form, in triplicate and sample seals H and T had been handed over to him. PW-4, HC Raj Pal, deposed that on 20.07.2014 he recorded rapat, Ex. PW-4/A, qua departure of SI Hoshiar Singh alongwith other police personnel for traffic checking at place Sudli Chowk, as there was apprehension of terrorist in the area. He has further deposed that on the same day at about 09:50 p.m. Lady Constable Sapna brought rukka, whereupon he recorded FIR, Ex. PW-4/B, and SHO Kripal Singh made an endorsement on the rukka. Subsequently, the case file was given to him, which she handed over to the I.O. He has further deposed that on the same day, at about 11:30 p.m., she recorded rapat No. 40, which is Ex. PW-4/C, qua arrival of SI Hoshiar Singh in the police station. PW-4/B, and SHO Kripal Singh made an endorsement on the rukka. Subsequently, the case file was given to him, which she handed over to the I.O. He has further deposed that on the same day, at about 11:30 p.m., she recorded rapat No. 40, which is Ex. PW-4/C, qua arrival of SI Hoshiar Singh in the police station. A parcel was deposited with him by the SHO, which was having seals H and T. As per this witness, I.O. deposited with him the seized vehicle, i.e., Bolero, having registration No. PB 06L-3818, alongwith the key. The articles recovered during the personal search of the accused were also deposited with him, which he had entered at Sr. No. 178/14, vide abstract, Ex. PW-4/D. He also recorded rapat No. 41, Ex. PW-4/E, qua deposit of parcel by the SHO after resealing. He has prepared CIPA certificate, Ex. PW-4/F, qua working of computer system in the police station. This witness was crossexamined, but nothing favourable to the defence could be extracted. 11. Pw-5, ASI Angat Ram, deposed that on 20.07.2014 he alongwith other police personnel laid a nakka at place Sudli Chowk, Chowari and they were checking the vehicles, as there was apprehension of terrorist activities from J & K. At about 08:15 p.m., a Balero, having registration No. PB06-L3818, came from Jot side and the same was stopped by them. The driver disclosed his name as Jagdish and other passenger, who was sitting on the front seat, divulged his name as Daya Ram. As per this witness, the accused Daya Ram tried to hide a bag in his lap. SI apprised the accused persons of their right to be searched by higher officer, so the accused consented to give their search to higher officer of police. Thus, I.O. prepared memos, Ex. PW-1/A and Ex. PW-1/B. I.O. informed Deputy Superintendent of Police, who authorized the I.O. to conduct the search of the accused. The police personnel, vide memos Ex. PW-1/C and Ex. PW-1/D, gave their personal search. Subsequently, vide memos, Ex. PW-1/E and Ex. PW-1/F, personal search of the accused persons was conducted, however, no contraband was recovered. Thereafter, on checking the bag of accused Daya Ram, a green carry bag was recovered, which contained black substance and was in the shape of sticks. Polythene was also recovered, which also contained black substance. Subsequently, vide memos, Ex. PW-1/E and Ex. PW-1/F, personal search of the accused persons was conducted, however, no contraband was recovered. Thereafter, on checking the bag of accused Daya Ram, a green carry bag was recovered, which contained black substance and was in the shape of sticks. Polythene was also recovered, which also contained black substance. As per this witness, on smelling and checking by drug detection kit, it was found to be charas. The substance recovered from the green bag was weighed and found to be one kilogram and the substance recovered from polythene was found to be 200 grams. Thereafter, the recovered contraband was repacked in the same manner and sealed in a cloth parcel with seal ''H'' at six places and the facsimile seal was taken on a separate piece of cloth, which is Ex. PW-1/H. IO filled in the NCB form, in triplicate, and seal after its use was handed to him, vide memo Ex. PW-1/J. As per this witness, charas was taken in possession vide memo, Ex. PW-1/K, and he alongwith Lady Constable Sapna signed the memos. I.O. prepared rukka, which was handed over to Lady Constable Sapna and its copy was handed over to Lady Constable Monika for delivering it to Superintendent of Police, Chamba. Lady Constable Sapna brought the case file and handed over the same to the I.O. on the spot. Vide memos, Ex. PW-5/A and Ex. PW-5/B, the accused persons were arrested. This witness, in his cross- examination, has admitted that in between Sudli Chowk and Police Station there are many shops and liquor vend is also near to the spot. However, he denied that the shops remain open for 24 hours. He has deposed that being Sunday no person was present on the road. As per his testimony, about 35 vehicles crossed from the spot during the investigation of the case and the I.O. did not stop any vehicle for associating any independent witnesses. there are 10-15 shops near Sudli Chowk. 12. Pw-6, HC Raj Singh, deposed that on 22.07.2014, vide RC No. 106/14, Ex. PW-6/A, he, through HHC Des Raj, sent the case property alongwith documents to Forensic Science Laboratory. HHC Des Raj, after depositing the case property, handed over the receipt to him. PW-7, Shri Joginder Singh, deposed that he is owner of vehicle, having registration No. PB06-L-3818, and he has kept accused Jagdish Chand as its driver. PW-6/A, he, through HHC Des Raj, sent the case property alongwith documents to Forensic Science Laboratory. HHC Des Raj, after depositing the case property, handed over the receipt to him. PW-7, Shri Joginder Singh, deposed that he is owner of vehicle, having registration No. PB06-L-3818, and he has kept accused Jagdish Chand as its driver. On 20.07.2014 he received a telephonic call from Chowari Police Station and when he visited the police station, he came to know that charas has been recovered from the vehicle. This witness, in his cross-examination, has deposed that he had sold the said vehicle 5-6 days prior to the incident. He has further deposed that he had handed over the custody of the vehicle to Sanjay, but no documentation was done. He did not know, who was employed as driver by Sanjay Kumar. PW-8, SI Anil Kumar, deposed that on 21.07.2014, copy of rukka, Ex. PW-8/A, was received by Superintendent of Police, who gave the same to him and he entered it in the register at Sr. No. 9466/VD/14. He has further deposed that on 23.07.2014, special report, Ex. PW-8/B, was handed over to him by Additional Superintendent of Police, which he has entered at Sr. No. 9663/VD/14. 13. Pw-9, Shri Santosh Sharma, Deputy Superintendent of Police, Dalhousie, deposed that on 20.07.2014, at about 08:15 p.m., he was telephonically informed by SI Hoshiar Singh that he has stopped a vehicle having registration No. PB06L-3818. He has further deposed that the occupants of the vehicle (accused persons) expressed their willingness to be searched before him, so he visited the spot at 09:00 p.m. All the police personnel, including him, gave their personal search, vide memo, Ex. PW-1/C and Ex. PW-1/D, however, nothing incriminating was found. Thereafter, he authorized SI Hoshiar Singh, vide memos, Ex. PW-1/A and Ex. PW1/B, to search the accused persons, so he conducted search of the accused persons, vide memos, Ex. PW-1/E and Ex. PW-1/F, respectively, but nothing incriminating was found. Afterwards, bag, which was being carried by accused Daya Ram, was checked, which contained a green carry bag. The said green carry bag contained black substance, which was in the shape of sticks. As per the version of this witness, the green bag also contained another bag of polythene, which was also stuffed with black substance. The black substance, on smelling, was found to be charas. The said green carry bag contained black substance, which was in the shape of sticks. As per the version of this witness, the green bag also contained another bag of polythene, which was also stuffed with black substance. The black substance, on smelling, was found to be charas. The recovered contraband was weighed and the one recovered from the green carry bag was found to be one kilogram and another recovered from the polythene was found to be 200 grams. He has further deposed that the recovered contraband was repacked in the same manner and put in a parcel, which was sealed with six seals having impression ''H''. Facsimile seal was also taken on a piece of cloth and the parcel was signed by attesting witnesses Sapna and ASI Angat Singh. This witness, in his cross-examination, has deposed that in his presence I.O. did not use any drug detection kit. 14. Pw-10, Inspector Kirpal Singh, deposed that on 20.07.2014 he received rukka, which was sent by SI Hoshiar Singh, through Lady Constable Sapna Devi, whereupon he recorded FIR, Ex. PW-4/B, and made an endorsement, Ex. PW-10/A, on the rukka. Thereafter, he sent the case file to the spot, through Lady Constable Sapna. He has further deposed that on the same day, at about 11:30 p.m., SI Hoshiar Singh produced a sealed parcel, which was sealed with seal at six places. He resealed the parcel with seal T at three places and sample seal, Ex. PW-10/B, was taken on a separate piece of cloth. He also filled in columns No. 9 to 11 of NCB form, Ex. PW-10/C, and embossed the seal thereon. He also prepared reseal memo, Ex. PW-10/D, and deposited the case property alongwith NCB forms, sample seal, seizure memo with MHC, vide rapat, Ex. PW-4/E. This witness was also cross-examined at length, but nothing favourable to the defence was extracted. 15. Pw-11, SI Hoshiar Singh is the Investigating Officer in the case in hand and his statement is very vital. He also prepared reseal memo, Ex. PW-10/D, and deposited the case property alongwith NCB forms, sample seal, seizure memo with MHC, vide rapat, Ex. PW-4/E. This witness was also cross-examined at length, but nothing favourable to the defence was extracted. 15. Pw-11, SI Hoshiar Singh is the Investigating Officer in the case in hand and his statement is very vital. He has deposed that on 20.07.2014, at about 03:20 p.m., he alongwith ASI Angat Ram, Lady Constables Sapna Devi and Monika Devi was present at Sudli Chowk and they had laid nakka upon the direction of higher officers, as there was information qua terrorists in Chamba from J & K. He has further deposed that at about 08:15 p.m. a Bolera, having registration No. PB06L-3818, came from Jot side and it was stopped. There were two occupants in the vehicle and driver disclosed his name as Jagdish Chand and the passenger disclosed his name as Daya Ram. Accused Daya Ram got perplexed and he tried to hide a bag, which he was having in his lap. Upon suspicion, the accused persons, through memos, Ex. PW-1/A and Ex. PW-1/B, were apprised of their legal right, so the accused persons expressed their willingness to be searched before a Gazetted Officer. Therefore, he telephonically requested the Deputy Superintendent of Police to come on the spot. As per this witness no independent witness was available there, so he sent Lady Constable Monika to bring local witnesses, but as it was Sunday and the shops were closed, no independent witness was associated. Deputy Superintendent of Police reached on the spot at 09:05 p.m. and he authorized him to search the bag of the accused persons. He has further deposed that the bag of the accused contained another green bag, which contained some black substance and alongwith the green bag there was another polythene bag, which also contained black substance. On smelling it was found to be charas and on weighment the contraband recovered from carry bag was found to be one kilogram and the contraband which was recovered from the polythene was found to be 200 grams. He has further deposed that charas was repacked in the same manner and put in a parcel, which was sealed with six seals, having impression ''H''. He has further deposed that charas was repacked in the same manner and put in a parcel, which was sealed with six seals, having impression ''H''. He took facsimile seal on a piece of cloth, which is Ex.PW-1/H, and the seal after its use was handed over to ASI Angat Ram, vide memo, Ex. PW-1/J. He has deposed that before conducting the search of the accused persons, all the police personnel gave their personal search to the accused persons, vide memos Ex. PW-1/C and Ex. PW-1/D. The case property was taken in possession vide memo, Ex. PW-1/K, which was signed by Lady Constable Sapna and ASI Angat Ram and the accused persons also signed it. As per this witness, Lady Constable Monika clicked photographs, which are Ex. PW-2/A-1 to Ex. PW2/A-10. Subsequently, he prepared rukka, Ex. PW-11/A, and sent the same to Police Station, through Lady Constable Sapna Devi and copy of the same, Ex. PW-8/A, was also sent to Superintendent of Police, Chamba. He prepared site plan, Ex. PW-8/A, and also recorded the statements of the witnesses. He arrested the accused persons, vide memos, Ex.PW-5/A and Ex.PW-5/B. The case property and the accused persons were produced before SHO Kirpal Singh for resealing the parcel and special report, Ex.PW-8/B was sent to Superintendent of Police, Chamba, through lady constable Monika Devi. Upon receipt of FSL report, Ex. PX, he gave the case file to SHO. This witness, in his cross-examination, has admitted that in between police station and Sudli Chowk there are shops and houses and there are 5-6 houses near Sudli Chowk. He has deposed that on that day two motorcycles were challaned under the Motor Vehicles Act. This witness was cross-examined at length, but nothing favourable could be extracted from him. 16. The accused persons, in their defence, have examined Shri Joginder, DW-1. He has deposed that there are 35 houses near Sudli Chowk. He has further deposed that there are 3-4 shops and a petrol pump at Sudli Chowk. The road remains busy with traffic, being chowk. This witness, in his cross-examination, has deposed that his house from the chowk is about 25-30 feet. He has further deposed that he has been called by the accused persons, as defence witness. 17. He has further deposed that there are 3-4 shops and a petrol pump at Sudli Chowk. The road remains busy with traffic, being chowk. This witness, in his cross-examination, has deposed that his house from the chowk is about 25-30 feet. He has further deposed that he has been called by the accused persons, as defence witness. 17. After discussing the entire prosecution evidence, we find that in the present case, as alleged, the accused persons were nabbed by the police, at about 08:15 p.m., while the police had laid a nakka, at place Sudli Chowk. As accused Daya Ram was trying to hide a bag, the accused persons were given an option to be searched before a Gazetted Officer and they expressed their willingness. So, Deputy Superintendent of Police was called, who reached the spot at 09:05 p.m. and thereafter the search was conducted. Thus, in any case the recovery was effected after 09:05 p.m., so the recovery was effected during odd hours of night, so the possibility of associating independent witnesses at that time was subtle. It has come on record that where the recovery was effected, it was a secluded place, so no independent witnesses could be associated due to odd hours and it has also come on record that shops were closed, as it was Sunday. 18. The Hon''ble Supreme Court in Ajmer Singh vs. State of Haryana , (2010) 3 SCC 746 , vide para 20, has held as under: "20. We cannot forget that it may not be possible to find independent witness at all places, at all times. The obligation to take public witnesses is not absolute. If after making efforts which the court considered in the circumstances of the case reasonable, the police officer is not able to get public witnesses to associate with the raid or arrest of the culprit, the arrest and the recovery made would not be necessarily vitiated. The Court will have to appreciate the relevant evidence and will have to determine whether the evidence of the police officer was believable after taking due care and caution in evaluating their evidence." Thus, the non-association of independent witnesses by the police cannot at all be said to be fatal to the prosecution case. 19. As per the prosecution story, due to odd hours independent witnesses could not be associated and being Sunday the shops were also closed. 19. As per the prosecution story, due to odd hours independent witnesses could not be associated and being Sunday the shops were also closed. Thus, a plausible and acceptable explanation has come on record qua non-joining of independent witnesses. So, the contention of the learned counsel for the appellant that non-joining of independent witnesses is fatal to the prosecution case and the benefit of the same be given to the appellants, comes a cropper. 20. Now, the statements of official prosecution witnesses and other link witnesses need examination on the touchstone of credibility and veracity and it is to be seen whether the depositions of the official prosecution witnesses inspire confidence and whether it has ample force to hold the accused persons guilty. After exhaustively discussing the testimonies of official prosecution witnesses, we are of the opinion that PW-1, Lady Constable Sapna Devi, PW-2, Lady Cosntable Monika Devi, PW-5, AsI Angat Ram, PW9, Deputy Superintendent of Police Santosh Sharma and PW-11, I.O./S.I. Hoshiar Singh, deposed that police party had laid a nakka at place Sudli Chowk, as there was terrorist threat from Jammu and Kashmir and during the checking of vehicles they intercepted vehicle, bearing registration No. PB06L-3818, which came from Jot side. As per these official prosecution witnesses, accused Jagdish Chand was driving the vehicle and accused Daya Ram was sitting in the front passenger seat. These witnesses have further deposed that accused Daya Ram had a bag in his lap, which he was trying to hide. On suspicion, the accused persons were apprised of their right to be searched before a Gazetted Officer and they expressed their willingness to be searched before a Gazetted Officer. So, PW-9, Shri Santosh Kumar, Deputy Superintendent of Police, was telephoned and when he came on the spot, the accused persons were searched. Thereafter, search of the bag, which accused Daya Ram was keeping in his lap, was conducted and charas was recovered in two lots. All these official prosecution witnesses in same lines have deposed that on weighment charas was found to be one kilogram and 200 grams. As per these witnesses, the charas was recovered from the exclusive and conscious possession of accused Daya Ram. These witnesses have also deposed in same lines that thereafter all the necessary formalities, as per law, were completed on the spot and FIR was registered after sending rukka to the police station. As per these witnesses, the charas was recovered from the exclusive and conscious possession of accused Daya Ram. These witnesses have also deposed in same lines that thereafter all the necessary formalities, as per law, were completed on the spot and FIR was registered after sending rukka to the police station. Thus, a perusal of the statements of these witnesses show that there is no discrepancy in the recovery. 21. Now, as far as timing is concerned, we find that after a lapse of more than one year the official prosecution witnesses have deposed in the Court, so minor variations are bound to occur and these discrepancies cannot be taken to such a logical end that no recovery was effected from the accused persons on the spot. We also took into consideration the photographs, which show the presence of Deputy Superintendent of Police and the presence of the accused persons on the spot. 22. The accused persons have though examined DW-1, Shri Joginder, but there is no explanation on behalf of the accused persons that for what purpose they have come to Chamba and also they could not explain that why they have been falsely implicated in this case. There is no evidence to this effect, except the fact that there were houses and shops on the spot. As has been discussed, hereinabove the defence witness has deposed that residents of the houses used to come out of their house when there was any work. He did not say that people used to come out of their houses at 08:30 p.m. 23. In view of what has been discussed hereinabove, the appeals are without merits, as the statements of the official prosecution witnesses, which have been exhaustively discussed hereinabove, inspire confidence. The non-joining of independent witnesses, which were not available during odd hours of night, cannot be said to be fatal to the prosecution case, as the recovery was effected after 09:00 p.m., so public witnesses could not be expected there. The statements of the official prosecution witnesses inspire confidence and the other relevant material, which has come on record, proves the case of the prosecution beyond the shadow of reasonable doubt. The evidence of the official prosecution witnesses and other material, which has come on record, unambiguously establish that the prosecution has proved the guilt of the accused persons beyond the shadow of reasonable doubt. The evidence of the official prosecution witnesses and other material, which has come on record, unambiguously establish that the prosecution has proved the guilt of the accused persons beyond the shadow of reasonable doubt. Accused Jagdish Chand was driving the vehicle and the bag, which was stuffed with contraband, was lying on the lap of accused Daya Ram and the same was visible to accused Jagdish Chand. So, accused Jagdish Chand was also having full knowledge qua the contraband. Thus, as the prosecution has proved the guilt of the accused persons beyond the shadow of reasonable doubt, we find no infirmity in the judgment of conviction passed by the learned Trial Court. The appeals are without merits, deserve dismissal and are accordingly dismissed. 24. In view of the above, the appeals, so also pending application(s) , if any, stand(s) disposed of.