Paras Ram vs State Of H.P on 24 March, 2026

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    Himachal Pradesh High Court

    Paras Ram vs State Of H.P on 24 March, 2026

                                                                                            ( 2026:HHC:8492 )
    
    
    
    
         IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                                                  Cr. Appeal No. 245 of 2022
                                                  Reserved on: 26.02.2026
    
    
    
    
                                                                                         .
    
                                                  Date of Decision: 24.03.2026.
    
    
    
    
    
        Paras Ram                                                                    ...Appellant
                                              Versus
        State of H.P.                                                                ...Respondent
    
    
    
    
                                                         of
        Coram
        Hon'ble Mr Justice Rakesh Kainthla, Judge.
                               rt
        Whether approved for reporting?1 Yes.
    
        For the Appellant                 :         Mr N.K. Thakur, Senior Advocate
                                                    with   Mr   Karanveer    Singh,
                                                    Advocate.
        For the Respondent                :         Mr Prashant Sen, Deputy Advocate
    
    
    
                                                    General.      Mr.
    
    
    
    
        Rakesh Kainthla, Judge
    

    The present appeal is directed against the judgment

    of conviction and order of sentence dated 01.07.2022, passed by

    SPONSORED

    learned Special Judge, Chamba, HP (learned Trial Court) in

    Sessions Trial No. 673 of 2018, vide which the appellant (accused

    before the learned Trial Court) was convicted of the commission

    of an offence punishable under Section 20(b)(ii)(B) of the

    Narcotic Drugs and Psychotropic Substances Act, 1984 (NDPS

    1
    Whether reporters of Local Papers may be allowed to see the judgment? Yes.

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    Act) and was sentenced to undergo rigorous imprisonment for

    eight years, pay a fine of ₹ 80,000/- (₹ Eighty Thouand only),

    .

    and in default of payment of fine to undergo further rigorous

    imprisonment for one year. (Parties shall hereinafter be referred to

    in the same manner as they were arrayed before the learned Trial

    Court for convenience.)

    of

    2. Briefly stated, the facts giving rise to the present

    appeal are that the police presented a challan before the learned
    rt
    Trial Court against the accused for the commission of an offence

    punishable under Section 20(b)(ii)(B) of the NDPS Act. It was

    asserted that S.I. Babu Ram (PW-5), HHC Manohar Lal (PW-2),

    Constable Sunila Kumar (PW-3) and Constable Dalip Kumar (not

    examined) had set up a naka near Dunali on Chamba-Bharmour

    road on 03.04.2017 at about 4.00 P.M. A vehicle bearing

    registration No. HP-73-6672 came from Chamba, which was

    signalled to stop. The driver identified himself as Ramesh

    Kumar (PW-1). When the police were checking the documents

    of the vehicle the accused came from Dunali towards Chamba

    carrying a backpack. The accused returned after seeing the

    police. The police became suspicious. He fell while running,

    and the police apprehended him. He identified himself as Paras

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    Ram. The police checked the carry bag and recovered a purple

    carry bag containing 800 grams of charas. The police put the

    .

    charas in a cloth parcel, and sealed the parcel with six

    impressions of seal ‘SB’. NCB-I form (Ex. PW5/A) was filled in

    triplicate, and the seal impression ‘SB’ was put on the NCB-I

    form. The specimen of seal impression (Ex.PW1/A) was taken

    of
    on a separate piece of cloth. The seal, after its use, was handed

    over to Ramesh Kumar.

    rt The parcel was seized vide memo

    (Ex.PW1/B), and a copy of the seizure memo was supplied to the

    accused free of cost. Rukka (Ex.PW3/A) was prepared and sent

    to the police station, where FIR (Ex.PW14/A) was registered. S.I.

    Babu Ram (PW5) investigated the matter. He prepared a spot

    map (Ex.PW5/B). ASI Mohinder Singh (PW13) further

    investigated the matter. The documents and the accused were

    handed over to him vide memo (Ex.PW2/A). ASI Mohinder Singh

    recorded the statements of the witnesses as per their version

    and arrested the accused. He produced the accused and the

    cloth parcel before Inspector/SHO Dharam Singh (PW-14), who

    checked the seals and resealed the parcel with five impressions

    of seal “BH”. He obtained the specimen of seal ‘BH’

    (Ex.PW14/C) on a separate piece of cloth and the NCB-I form. He

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    handed over the seal to H.C. Chaman Lal (PW-15) after its use.

    He prepared the resealing memo (Ex.PW 6/A) and handed over

    .

    the case property and the documents to H.C. Lucky Kumar (PW-

    6), who made the entry in the malkhana register at serial No. 64

    (Ex.PW6/B) and deposited the parcel in the malkhana. On

    05.04.2017, he handed over the cloth parcel, a sample of seal and

    of
    NCB-I forms to HHC Mohinder Singh (PW-12) with directions to

    carry them to SFSL, Junga vide R.C. No. 28/2017 (Ex.PW6/C).

    rt
    HHC Mohinder Singh (PW-12) deposited all the articles in safe

    condition with SFSL, Junga and handed over the receipt to H.C.

    Lucky Kumar on his return. Special report (Ex.PW8/A) was

    prepared and was handed over to Dy. Superintendent of Police

    Beer Bahadur, who made the endorsement on the special report

    and handed it over to HHC Joginder (PW-8), his Reader, who

    made an entry at serial No. 22 in the receipt register (Ex.PW8/C)

    and retained the special report on record. The result of the

    analysis (Ex. PX) was issued, in which it was opined that the

    exhibit was an extract of cannabis and a sample of charas, which

    contained 10.88 % w/w purified resin in it. HHC Padam Nath

    (PW-9) brought the result of the analysis and case property and

    handed them over to MHC Lucky Kumar, who deposited the case

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    property in Malkhana. He handed over the case property to ASI

    Ashwani Kumar (PW-11) for certifying the correctness of the

    .

    inventory. Ashwani Kumar produced the case property and the

    certificate before the learned Chief Judicial Magistrate, Chamba,

    on 13.10.2017, along with the application (Ex. PW11/A) for

    drawing the samples of 25 grams each of the case property.

    of
    Learned Chief Judicial Magistrate passed an order (Ex.PW11/B)

    and separated two samples of charas weighing 25 grams each.

    rt
    He sealed the parcel and sample parcel with three seals of

    impression, CJM Cba, and issued a certificate (Ex.PW11/C).

    Photographs (Ex.PW11/D-1 to PW11/D-4) of the proceedings

    were taken. Certificate (Ex. PW11/E) was issued, and a sample of

    seal (Ex.PW11/F) was prepared on a separate piece of cloth. The

    case property was deposited with H.C. Lucky Kumar (PW-6). He

    handed over the case property to SHO Dharam Singh on

    09.02.2018 for destroying the case property. He deposited the

    empty parcel of the bulk parcel and two sealed parcels with

    Lucky Kumar, which were sent by him to District Malkhana

    Chamba vide R.C. No. 137 of 2018 through H.C. Kishan Chand.

    The statements of the witnesses were recorded as per their

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    version. After completion of the investigation challan was

    prepared and presented before the learned Trial Court.

    .

    3. The learned Trial Court found sufficient reasons to

    summon the accused. When the accused appeared, he was

    charged with the commission of an offence punishable under

    Section 20 (b) (ii) (B) of the NDPS Act, to which he pleaded not

    of
    guilty and claimed to be tried.

    4.
    rt
    The prosecution examined 20 witnesses to prove its

    case. Ramesh Kumar (PW-1) is the independent witness who

    has not supported the prosecution’s case. HHC Manohar Lal

    (PW-2), Constable Sunil Kumar (PW-3), Inspector Babu Ram

    (PW-5), and ASI Mohinder Singh (PW-13) were the members of

    the police party that had effected the recovery. Constable Raj

    Kumar (PW4) handed over the special report to Dy.

    Superintendent of Police, Chamba. H.C. Lucky Kumar (PW-6)

    was working as MHC with whom the case property was

    deposited. H.C. Sanjeev Kumar (PW-7) was working as a Reader

    to whom the rukka was handed over. HHC Joginder (PW-8) was

    posted as Reader to Dy. Superintendent of Police Headquarters,

    to whom the special report was handed over. HHC Padam Nath

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    (PW-9) brought the case property and the result from the SFSL,

    Junga. LHC Upinder Chona (PW10) proved the entry in the daily

    .

    diary. ASI Ashwani Kumar (PW-11) produced the case property

    before the learned Chief Judicial Magistrate, Chamba, for

    certification and taking the samples. Constable Mohinder Singh

    (PW-12) carried the case property and other articles to SFSL,

    of
    Junga. Inspector Dharam Singh (PW-14) was posted as SHO,

    who signed the FIR and resealed the parcel. H.C. Chaman (PW-

    rt

    15) is the witness to the resealing proceedings. Daleep Kumar

    (PW-16) was a member of the raiding party. ASI Ashwani

    Kumar (PW-17) was associated during the process of

    certification. Joginder Singh (PW-18) developed the

    photographs of the Court proceedings. Sher Khan (PW-19)

    developed the photographs and the C.D. H.C. Lucky Kumar (PW-

    20) proved the entries in the daily diary.

    5. The accused, in his statement recorded under Section

    313 of Cr.P.C., denied the prosecution’s case in its entirety. He

    claimed that he was innocent and was falsely implicated. He did

    not produce any evidence in his defence.

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    6. Learned Trial Court held that the testimonies of the

    witnesses to the recovery were consistent. The statement of an

    .

    independent witness could not be discarded simply because he

    was declared hostile. The police had effected a chance recovery,

    and the non-association of other independent witnesses was

    not possible. The minor contradictions in the statements of the

    of
    official witnesses were not sufficient to discredit the

    prosecution’s case.

    rt The statements of the official witnesses

    could not be discarded because of their status. The procedure as

    required under the law was followed. Provisions of Sections 52,

    55 and 57 were duly complied with. Integrity of the case

    property was duly established. The report of the analysis proved

    that the substance recovered on the spot was charas. The

    defence taken by the accused regarding the false implication was

    not believable. Hence, the learned trial Court convicted and

    sentenced the accused as aforesaid.

    7. Being aggrieved by the judgment of conviction and

    order of sentence passed by the learned Trial Court, the accused

    has filed the present appeal asserting that the prosecution has

    failed to prove its case beyond a reasonable doubt. The

    testimony of Ramesh Kumar (PW-1) discredited the

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    prosecution’s case. Arrest memo (Ex. PW13/D) suggests that

    Payar Singh, the younger brother of the accused, was present on

    .

    the spot, but he was not associated. Statements of official

    witnesses contradicted each other on material aspects, which

    made their testimonies doubtful. Statements of Inspector

    Dharam Singh (PW-14) and MHC Lucky Kumar (PW20)

    of
    regarding the deposit of the case property were contradicted by

    malkhana register.

    rt There was overwriting in the names of

    investigating officers in the arrest memo (Ex.PW13/D) and

    personal search memo (Ex.PW13/C), which made the

    prosecution’s case doubtful. Therefore, it was prayed that the

    present appeal be allowed, and the judgment and order passed

    by the learned Trial Court be set-aside.

    8. I have heard Mr N.K. Thakur, learned Senior

    Advocate, assisted by Mr Karanveer Singh, Advocate, learned

    counsel for the appellant/accused and Mr Prashant Sen, learned

    Deputy Advocate General, for the respondent/State.

    9. Mr N.K. Thakur, learned Senior Advocate for the

    appellant/accused, submitted that the statements of the

    prosecution witnesses contradicted each other on material

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    aspects. The prosecution had not complied with the

    requirements of Section 52-A of the NDPS Act, which is fatal to

    .

    the prosecution’s case. The abstract of malkhana register made

    the prosecution’s case doubtful. There was no entry of taking

    the case property to the learned Chief Judicial Magistrate for

    certification of the inventory. The Inventory proceedings were

    of
    also not conducted properly by the learned Chief Judicial

    Magistrate. The independent witness had also not supported
    rt
    the prosecution’s case. All these circumstances made the

    prosecution’s case doubtful, and the learned Trial Court had

    erred in convicting and sentencing the accused. Hence, he

    prayed that the present appeal be allowed and the judgment of

    conviction and order of sentence passed by the learned Trial

    Court be set aside.

    10. Mr Prashant Sen, learned Deputy Advocate General

    for the respondent/State, submitted that the learned Trial Court

    had rightly held that the testimonies of the prosecution

    witnesses corroborated each other. The plea taken by the

    accused regarding false implication was not believable and was

    rightly discarded by the learned Trial Court. The mere fact that

    independent persons had not supported the prosecution’s case

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    was not material. Therefore, he prayed that the present appeal

    be dismissed.

    .

    11. I have given considerable thought to the submissions

    made at the bar and have gone through the records carefully.

    12. Ramesh Kumar (PW-1) stated that nothing had

    of
    happened in his presence, nor did he know anything about this

    case. He was permitted to be cross-examined. He admitted in
    rt
    his cross-examination by the learned Public Prosecutor that he

    was driving a pickup bearing registration No. HP-73- 6672 from

    Dharwala to Kuner on 3.07.2017. He admitted that he had

    arrived at Dunali at about 4.00 P.M., where a nakka was set up by

    the police. He admitted that he was stopped by the police. He

    denied that the police were checking documents when the

    accused came from Dunali carrying a backpack in his right hand.

    He denied that the accused got perplexed after seeing the police,

    and he ran away. He denied that the accused had fallen and

    sustained injuries. He denied that the accused had identified

    himself as Paras Ram. He denied that the search of the carry bag

    was conducted, and a purple carry bag containing charas was

    recovered during the search. He denied that charas was

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    weighed, and its weight was found to be 800 grams. He

    admitted his signature on the specimen of seal (Ex. PW1/A). He

    .

    also identified his signature on the seizure memo (Ex.PW1/B).

    He volunteered to say that he was made to sign blank papers. He

    admitted that he was visible in photographs (Ex P-1 and Ex P-2).

    He admitted his signature on the empty parcel (Ex. P-1). He

    of
    stated that he does not put signatures on blank papers. He

    volunteered to say that he was told by the police that his vehicle
    rt
    would be challaned. He had not made any complaint to anyone

    regarding signatures on blank papers. He admitted that he was

    visible in photographs but stated that no proceedings took place

    in his presence. He denied the previous statement recorded by

    the police.

    13. Mohinder Singh (PW-13) stated that he had recorded

    Ramesh Kumar’s statement (Ex.PW13/B) as per his version. This

    part of his testimony was not challenged in the cross-

    examination, and no question was asked about the statement of

    Ramesh Kumar recorded by him. Hence, this part of his

    testimony is to be accepted as correct. Therefore, Ramesh Kumar

    is shown to have made two inconsistent statements on two

    different occasions, one before the police that the recovery was

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    effected in his presence and all the formalities were conducted in

    his presence, and the other before the Court that no recovery

    .

    was effected in his presence and no proceedings after recovery

    were conducted in his presence. Thus, his credit has been

    impeached under Section 155 (3) of the Indian Evidence Act. It

    was laid down by the Hon’ble Supreme Court in Sat Paul v. Delhi

    of
    Admn.
    , (1976) 1 SCC 727 that where a witness has been

    thoroughly discredited by confronting him with the previous
    rt
    statement, his statement cannot be relied upon. However, when

    he is confronted with some portions of the previous statement,

    his credibility is shaken to that extent, and the rest of the

    statement can be relied upon. It was observed:

    “52. From the above conspectus, it emerges clearly that
    even in a criminal prosecution, when a witness is cross-

    examined and contradicted with the leave of the court by
    the party calling him, his evidence cannot, as a matter of
    law, be treated as washed off the record altogether. It is

    for the Judge of fact to consider in each case whether, as a
    result of such cross-examination and contradiction, the
    witness stands thoroughly discredited or can still be
    believed regarding a part of his testimony. If the Judge
    finds that in the process, the credit of the witness has not
    been completely shaken, he may, after reading and
    considering the evidence of the witness, as a whole, with
    due caution and care, accept, in the light of the other
    evidence on the record, that part of his testimony which
    he finds to be creditworthy and act upon it. If in a given
    case, the whole of the testimony of the witness is

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    impugned, and in the process, the witness stands squarely
    and totally discredited, the Judge should, as a matter of
    prudence, discard his evidence in toto.”

    .

    14. This Court also took a similar view in Ian Stilman

    versus. State 2002(2) ShimLC 16 wherein it was observed:

    “12. It is now well settled that when a witness who has
    been called by the prosecution is permitted to be cross-
    examined on behalf of the prosecution, such a witness

    of
    loses credibility and cannot be relied upon by the defence.
    We find support for the view we have taken from the
    various authorities of the Apex Court. In Jagir Singh v. The
    State (Delhi Administration
    ), AIR 1975 Supreme Court 1400,
    rt
    the Apex Court observed:

    “It is now well settled that when a witness, who has
    been called by the prosecution, is permitted to be
    cross-examined on behalf of the prosecution, the
    result of that course being adopted is to discredit

    this witness altogether and not merely to get rid of a
    part of his testimony.

    15. Thus, the testimony of Ramesh Kumar (PW-1) will

    not discredit the prosecution’s case.

    16. It was laid down by this Court in Ashok alias Dangra

    Jaiswal versus State of Madhya Pradesh, (2011) 5 SCC 123, that

    independent witnesses turning hostile is no reason to discard

    the prosecution version. It was observed:

    “The seizure witness turning hostile may not be very
    significant by itself, as it is not an uncommon
    phenomenon in criminal trial particularly in cases
    relating to the NDPS Act.”

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    17. Therefore, the accused cannot be acquitted merely

    because the independent witness has turned hostile.

    .

    18. Learned Trial Court had rightly pointed out that this

    witness admitted his signature on the documents and the bulk

    parcel. He has not provided any explanation for the same. He

    admitted that he does not put signatures on blank papers, and

    of
    he had not made any complaint to the police. It was observed by

    the Hon’ble Supreme Court in Raveen Kumar v. State of H.P.,
    rt
    (2021) 12 SCC 557, that where a witness admitted his signature

    on the spot, his oral testimony to the contrary could not be

    believed. It was observed at page 566:

    “21. Although declared hostile by the prosecution, Nam
    Singh (PW 1) admits to being literate and having signed

    his statement on the spot. During cross-examination, he

    admits to having duly perused the contents of these doc-
    uments before having signed them, and of not being un-
    der any form of police pressure, thus seriously under-

    mining any oral statement to the contrary. His deposition
    independently establishes that the Maruti van of the ap-
    pellant had indeed been stopped, the appellant’s consent
    was taken, a search had been conducted, certain items
    were seized, and some substance had been weighed and
    sealed. Although PW 1 claimed not to have specifically
    witnessed the seizure of the charas, but he has not denied
    so either. He submits that he had gone back to his shop to
    attend to some customers at that stage of the search.
    However, he admits to having been shown the extracted
    sample of charas, which he identified before the trial

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    court. Thus, far from undermining the prosecution ver-
    sion, PW 1’s statement broadly corroborates and
    strengthens the seizure of contraband substance from the
    possession of the appellant.”

    .

    19. Therefore, the prosecution’s case cannot be

    discarded because Ramesh Kumar has not supported the

    prosecution’s case.

    of

    20. The police officials have consistently deposed about

    their visit on the spot and apprehension of the accused based on
    rt
    suspicion and recovery from him. It was submitted that there

    are various contradictions in the prosecution’s case, which

    made it highly doubtful. The following contradictions were

    highlighted:

    (i) The police officials stated that they had a mega light

    with them. Constable Sunil Kumar (PW-3) stated in

    his cross-examination that the proceedings were
    conducted in the headlights of the private vehicle.

    (ii) Inspector Babu Ram (PW-5) stated in his cross-

    examination that the personal search of the accused
    was not conducted. However, Constable Daleep
    Kumar (PW-16) deposed in his cross-examination
    that Babu Ram had conducted the personal search of
    the accused.

    (iii) Constable Sunil Kumar (PW-3) stated in his cross-

    examination that he had taken photographs of the

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    proceedings through the mobile phone of Babu Ram,
    whereas Inspector Babu Ram (PW-5) stated in his
    examination-in-chief that Sunil Kumar had taken

    .

    the photographs from a private camera.

    (iv) HHC Mohinder Singh (PW-12) stated in his

    examination-in-chief that he had deposited the case
    property in the FSL on 06.04.2017, whereas the case
    property was received on 07.04.2017 as per the report

    of
    of the analysis.

    (v) H.C. Lucky Kumar (PW-6) stated in his cross-

    rt
    examination that the case property was deposited
    with Him by SHO Dharam Singh (PW14); however,

    the abstract of malkhana register (Ex.PW6/B)
    mentions the name of depositor as ASI Mohinder
    Singh in column No.3.

    21. Before adverting to these contradictions, it is to be

    noticed that the recovery was effected on 03.04.2017, statements

    of HHC Manohar Lal (PW-2) and Constable Sunil Kumar (PW-3)

    were recorded on 12.12.2018, statement of Inspector Babu Ram

    (PW-5) was recorded on 07.03.2019, statement of ASI Mohinder

    Singh (PW-13) was recorded on 31.07.2019, and the statement of

    Daleep Kumar (PW-16) was recorded on 14.12.2020. Thus, a

    considerable time had elapsed between the date of the incident

    and the recording of the statements. Human memory fades with

    time, and minor contradictions are bound to come with the

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    passage of time. Hon’ble Supreme Court held in Rajan v. State of

    Haryana, 2025 SCC OnLine SC 1952, that the discrepancies in the

    .

    statements of the witnesses are not sufficient to discard the

    prosecution case unless they shake the core of the testimonies.

    It was observed: –

    “32. The appreciation of ocular evidence is a hard task.

    of
    There is no fixed or straitjacket formula for the
    appreciation of the ocular evidence. The judicially evolved
    principles for the appreciation of ocular evidence in a
    rt
    criminal case can be enumerated as under:

    “I. While appreciating the evidence of a witness, the

    approach must be whether the evidence of the witness,
    read as a whole, appears to have a ring of truth. Once
    that impression is formed, it is undoubtedly necessary
    for the Court to scrutinize the evidence more

    particularly keeping in view the deficiencies,
    drawbacks and infirmities pointed out in the evidence
    as a whole and evaluate them to find out whether it is

    against the general tenor of the evidence given by the
    witness and whether the earlier evaluation of the

    evidence is shaken as to render it unworthy of belief.
    II. If the Court before whom the witness gives evidence

    had the opportunity to form the opinion about the
    general tenor of evidence given by the witness, the
    appellate court which had not this benefit will have to
    attach due weight to the appreciation of evidence by
    the trial court and unless there are reasons weighty
    and formidable it would not be proper to reject the
    evidence on the ground of minor variations or
    infirmities in the matter of trivial details.
    III. When an eye-witness is examined at length, it is
    quite possible for him to make some discrepancies. But
    courts should bear in mind that it is only when

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    discrepancies in the evidence of a witness are so
    incompatible with the credibility of his version that the
    court is justified in jettisoning his evidence.

    .

    IV. Minor discrepancies on trivial matters not touching

    the core of the case, a hyper-technical approach by
    taking sentences torn out of context here or there from
    the evidence, attaching importance to some technical

    error committed by the investigating officer, not going
    to the root of the matter, would not ordinarily permit
    rejection of the evidence as a whole.

    of
    V. Too serious a view to be adopted on mere variations
    falling in the narration of an incident (either as
    between the evidence of two witnesses or as between
    rt
    two statements of the same witness) is an unrealistic
    approach for judicial scrutiny.

    VI. By and large, a witness cannot be expected to
    possess a photographic memory and to recall the
    details of an incident. It is not as if a videotape is
    replayed on the mental screen.

    VII. Ordinarily, it so happens that a witness is
    overtaken by events. The witness could not have
    anticipated the occurrence, which so often has an

    element of surprise. The mental faculties, therefore,
    cannot be expected to be attuned to absorb the details.

    VIII. The powers of observation differ from person to
    person. What one may notice, another may not. An

    object or movement might emboss its image on one
    person’s mind, whereas it might go unnoticed on the
    part of another.

    IX. By and large, people cannot accurately recall a
    conversation and reproduce the very words used by
    them or heard by them. They can only recall the main
    purport of the conversation. It is unrealistic to expect a
    witness to be a human tape recorder.

    X. In regard to the exact time of an incident, or the time
    duration of an occurrence, usually, people make their

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    20 ( 2026:HHC:8492 )

    estimates by guesswork on the spur of the moment at
    the time of interrogation. And one cannot expect
    people to make very precise or reliable estimates in
    such matters. Again, it depends on the time sense of

    .

    individuals, which varies from person to person.
    XI. Ordinarily, a witness cannot be expected to recall
    accurately the sequence of events that take place in

    rapid succession or in a short time span. A witness is
    liable to get confused or mixed up when interrogated
    later on.

    of
    XII. A witness, though wholly truthful, is liable to be
    overawed by the court atmosphere and the piercing
    cross-examination by counsel and, out of nervousness,
    rt
    mix up facts, get confused regarding the sequence of
    events, or fill in details from imagination on the spur of
    the moment. The subconscious mind of the witness

    sometimes operates on account of the fear of looking
    foolish or being disbelieved, though the witness is
    giving a truthful and honest account of the occurrence

    witnessed by him.

    XIII. A former statement, though seemingly
    inconsistent with the evidence, need not necessarily be

    sufficient to amount to a contradiction. Unless the
    former statement has the potency to discredit the latter

    statement, even if the latter statement is at variance
    with the former to some extent, it would not be helpful
    to contradict that witness.” [See Bharwada

    Bhoginbhai Hirjibhai v. State of Gujarat (1983) 3 SCC
    217: 1983 Cri LJ 1096: (AIR 1983 SC 753) Leela Ram v.
    State of Haryana (1999) 9 SCC 525: AIR 1999 SC 3717
    and Tahsildar Singh v. State of UP (AIR 1959 SC 1012)”

    22. It was laid down by the Hon’ble Supreme Court in

    Karan Singh v. State of U.P., (2022) 6 SCC 52 : (2022) 2 SCC (Cri)

    479: 2022 SCC OnLine SC 253 that the Court has to examine the

    evidence of the witnesses to find out whether it has a ring of

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    21 ( 2026:HHC:8492 )

    truth or not. The Court should not give undue importance to

    omissions, contradictions and discrepancies which do not go to

    .

    the heart of the matter. It was observed at page 60: –

    “38. From the evidence of Mahender Singh, PW 4, it

    appears that no specific question was put to him as to
    whether the appellant was present at the place of
    occurrence or not. This Court in Rohtash Kumar v. State of

    of
    Haryana [Rohtash Kumar
    v. State of Haryana, (2013) 14 SCC
    434: (2014) 4 SCC (Cri) 238] held: (SCC p. 446, para 24)
    “24. … The court has to examine whether the evidence
    read as a whole appears to have a ring of truth. Once
    rt
    that impression is formed, it is undoubtedly necessary
    for the court to scrutinise the evidence more,

    particularly keeping in view the deficiencies,
    drawbacks, and infirmities pointed out in the evidence
    as a whole and evaluate them to find out whether it is
    against the general tenor of the evidence given by the

    witnesses and whether the earlier evaluation of the
    evidence is shaken, as to render it unworthy of belief.
    Thus, the court is not supposed to give undue

    importance to omissions, contradictions and
    discrepancies which do not go to the heart of the

    matter and shake the basic version of the prosecution
    witness.”

    39. Referring to Narayan Chetanram Chaudhary v. State of
    Maharashtra [Narayan Chetanram Chaudhary v. State of
    Maharashtra, (2000) 8 SCC 457: 2000 SCC (Cri) 1546], Mr
    Tyagi argued that minor discrepancies caused by lapses in
    memory were acceptable, contradictions were not. In this
    case, there was no contradiction, only minor
    discrepancies.

    40. In Kuriya v. State of Rajasthan [Kuriya v. State of
    Rajasthan, (2012) 10 SCC 433: (2013) 1 SCC (Cri) 202], this
    Court held: (SCC pp. 447-48, paras 30-32)

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    “30. This Court has repeatedly taken the view that the
    discrepancies or improvements which do not
    materially affect the case of the prosecution and are
    insignificant cannot be made the basis for doubting

    .

    the case of the prosecution. The courts may not
    concentrate too much on such discrepancies or
    improvements. The purpose is to primarily and clearly

    sift the chaff from the grain and find out the truth
    from the testimony of the witnesses. Where it does not
    affect the core of the prosecution case, such a

    of
    discrepancy should not be attached undue
    significance. The normal course of human conduct
    would be that while narrating a particular incident,
    there may occur minor discrepancies. Such
    rt
    discrepancies may even, in law, render credentials to
    the depositions. The improvements or variations must

    essentially relate to the material particulars of the
    prosecution case. The alleged improvements and
    variations must be shown with respect to the material
    particulars of the case and the occurrence. Every such

    improvement, not directly related to the occurrence, is
    not a ground to doubt the testimony of a witness. The
    credibility of a definite circumstance of the

    prosecution case cannot be weakened with reference
    to such minor or insignificant improvements.

    Reference in this regard can be made to the judgments
    of this Court in Kathi Bharat Vajsur v. State of Gujarat
    [Kathi Bharat Vajsur v. State of Gujarat, (2012) 5 SCC

    724 : (2012) 2 SCC (Cri) 740], Narayan Chetanram
    Chaudhary v. State of Maharashtra [Narayan Chetanram
    Chaudhary v. State of Maharashtra, (2000) 8 SCC 457:

    2000 SCC (Cri) 1546], Gura Singh v. State of Rajasthan
    [Gura Singh v. State of Rajasthan, (2001) 2 SCC 205: 2001
    SCC (Cri) 323] and Sukhchain Singh v. State of Haryana
    [Sukhchain Singh v. State of Haryana, (2002) 5 SCC 100:

    2002 SCC (Cri) 961].

    31. What is to be seen next is whether the version
    presented in the Court was substantially similar to

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    what was said during the investigation. It is only when
    exaggeration fundamentally changes the nature of the
    case the Court has to consider whether the witness was
    stating the truth or not. [Ref. Sunil Kumar v. State (NCT

    .

    of Delhi) [Sunil Kumar v. State (NCT of Delhi), (2003) 11
    SCC 367: 2004 SCC (Cri) 1055]].

    32. These are variations which would not amount to

    any serious consequences. The Court has to accept the
    normal conduct of a person. The witness who is
    watching the murder of a person being brutally beaten

    of
    by 15 persons can hardly be expected to state a
    minute-by-minute description of the event.
    Everybody, and more particularly a person who is
    known to or is related to the deceased, would give all
    rt
    his attention to take steps to prevent the assault on the
    victim and then to make every effort to provide him

    with medical aid and inform the police. The
    statements which are recorded immediately upon the
    incident would have to be given a little leeway with
    regard to the statements being made and recorded

    with utmost exactitude. It is a settled principle of law
    that every improvement or variation cannot be treated
    as an attempt to falsely implicate the accused by the

    witness. The approach of the court has to be
    reasonable and practicable. Reference in this regard

    can be made to Ashok Kumar v. State of Haryana [Ashok
    Kumar
    v. State of Haryana, (2010) 12 SCC 350: (2011) 1

    SCC (Cri) 266] and Shivlal v. State of Chhattisgarh
    [Shivlal v. State of Chhattisgarh, (2011) 9 SCC 561: (2011)
    3 SCC (Cri) 777].”

    41. In Shyamal Ghosh v. State of W.B. [Shyamal Ghosh v.
    State of W.B., (2012) 7 SCC 646: (2012) 3 SCC (Cri) 685], this
    Court held: (SCC pp. 666-67, paras 46 & 49)
    “46. Then, it was argued that there are certain
    discrepancies and contradictions in the statements of
    the prosecution witnesses inasmuch as these
    witnesses have given different timings as to when they
    had seen the scuffling and strangulation of the

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    24 ( 2026:HHC:8492 )

    deceased by the accused. … Undoubtedly, some minor
    discrepancies or variations are traceable in the
    statements of these witnesses. But what the Court has
    to see is whether these variations are material and

    .

    affect the case of the prosecution substantially. Every
    variation may not be enough to adversely affect the
    case of the prosecution.

    ***

    49. It is a settled principle of law that the court should
    examine the statement of a witness in its entirety and

    of
    read the said statement along with the statements of
    other witnesses in order to arrive at a rational
    conclusion. No statement of a witness can be read in
    rt
    part and/or in isolation. We are unable to see any
    material or serious contradiction in the statement of
    these witnesses which may give any advantage to the

    accused.”

    42. In Rohtash Kumar v. State of Haryana [Rohtash Kumar
    v. State of Haryana, (2013) 14 SCC 434: (2014) 4 SCC (Cri)

    238], this Court held: (SCC p. 446, para 24)
    “24. … The court has to examine whether the evidence
    read as a whole appears to have a ring of truth. Once

    that impression is formed, it is undoubtedly necessary
    for the court to scrutinise the evidence more,

    particularly keeping in view the deficiencies,
    drawbacks, and infirmities pointed out in the evidence

    as a whole and evaluate them to find out whether it is
    against the general tenor of the evidence given by the
    witnesses and whether the earlier evaluation of the
    evidence is shaken, as to render it unworthy of belief.
    Thus, the court is not supposed to give undue
    importance to omissions, contradictions and
    discrepancies which do not go to the heart of the
    matter and shake the basic version of the prosecution
    witness.”

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    25 ( 2026:HHC:8492 )

    23. Similar is the judgment in Anuj Singh v. State of Bihar,

    2022 SCC OnLine SC 497: AIR 2022 SC 2817, wherein it was

    .

    observed: –

    “17. It is not disputed that there are minor contradictions

    with respect to the time of the occurrence or injuries
    attributed on hand or foot, but the constant narrative of
    the witnesses is that the appellants were present at the

    of
    place of occurrence, armed with guns, and they caused
    the injury on informant PW-6. However, the testimony of
    a witness in a criminal trial cannot be discarded merely
    because of minor contradictions or omissions, as
    rt
    observed by this court in Narayan Chetanram Chaudhary &
    Anr. Vs. State of Maharashtra
    , 2000 8 SCC 457. This Court,

    while considering the issue of contradictions in the
    testimony while appreciating the evidence in a criminal
    trial, held that only contradictions in material particulars
    and not minor contradictions can be grounds to discredit

    the testimony of the witnesses. The relevant portion of
    para 42 of the judgment reads as under:

    “42. Only such omissions which amount to a

    contradiction in material particulars can be used to
    discredit the testimony of the witness. The

    omission in the police statement by itself would not
    necessarily render the testimony of the witness

    unreliable. When the version given by the witness
    in the court is different in material particulars from
    that disclosed in his earlier statements, the case of
    the prosecution becomes doubtful and not
    otherwise. Minor contradictions are bound to
    appear in the statements of truthful witnesses as
    memory sometimes plays false, and the sense of
    observation differs from person to person. The
    omissions in the earlier statement, if found to be of
    trivial details, as in the present case, the same
    would not cause any dent in the testimony of PW 2.

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    26 ( 2026:HHC:8492 )

    Even if there is a contradiction of a statement of a
    witness on any material point, that is no ground to
    reject the whole of the testimony of such witness.”

    .

    24. Therefore, in view of the binding precedents of the

    Hon’ble Supreme Court, the statements of the witnesses cannot

    be discarded due to omissions, contradictions, or discrepancies.

    The Court must consider whether the discrepancies negatively

    of
    affect the prosecution’s case and whether they pertain to the

    core of the case rather than the details.

    rt

    25. Constable Sunil Kumar (PW-3) stated that there was

    no source of light on the spot at the time of his return. He

    volunteered to say that the proceedings were conducted in the

    light of a private vehicle. Thus, he was deposing about the

    proceedings conducted after his return. The recovery was

    effected at about 4.00 P.M. Rukka (Ex. PW3/A) was sent to the

    police station at about 6.20 P.M. Constable Sunil Kumar

    returned to the spot at 10.20 P.M. Battery of the mega light

    would not have survived for such a long time and the statement

    of Constable Sunil Kumar that there was no light at 10.20 P.M.

    and the proceedings were conducted in the light of private

    vehicle will not make the prosecution’s case doubtful.

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    27 ( 2026:HHC:8492 )

    26. Daleep Kumar (PW-16) stated in his cross-

    examination that the personal search of the accused was

    .

    conducted by SI Babu Ram, and an option was given to him

    whether he wanted to be searched by the police or a Gazetted

    Officer. He did not remember whether any document was

    prepared by the investigating officer or not. Babu Ram (PW-5),

    of
    stated in his cross-examination, that he had not conducted the

    personal search of the accused. Learned Trial Court had rightly
    rt
    held that this contradiction can occur because of the failure of

    memory with time. Further, no recovery was effected from the

    personal search, and any contradictions regarding the personal

    search will not make the prosecution’s case doubtful.

    27. Contradictions regarding taking the photographs and

    use of a mobile phone are contradictions related to the detail,

    which can occur with the passage of time, and will not make the

    prosecution’s case susceptible. Similarly, the contradiction

    regarding the date of deposit of the case property is also

    relatable to the failure of memory because of the passage of time

    and will not make the prosecution’s case doubtful, especially

    when the report of analysis shows that seals were intact.

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    28. The contradictions regarding the name of the officer,

    who had deposited the case property with the MHC is also not

    .

    material because the integrity of the case property was

    established by the fact that the seals were found intact in the

    laboratory. Further, the statement of H.C. Lucky Kumar (PW-6)

    shows that Inspector Dharam Singh (PW-14), H.C. Chaman

    of
    (PW15), ASI Mohinder Singh (PW-13) and H.C. Lucky Kumar

    (PW6) were present during the resealing proceedings. The case
    rt
    property was handed over after the resealing process was over.

    Thus, any discrepancy regarding the name of the person who

    had handed over the case property to the MHC will not make the

    prosecution’s case doubtful.

    29. The testimonies of the police officials corroborated

    each other on material aspects. Nothing was suggested in their

    cross-examination that they had any motive to falsely depose

    against the accused. Learned Trial Court had rightly pointed out

    that the statements of official witnesses cannot be discarded

    because they happened to be police officials. It was laid down by

    the Hon’ble Supreme Court in Kripal Singh v. State of Rajasthan,

    (2019) 5 SCC 646: (2019) 2 SCC (Cri) 680: 2019 SCC OnLine SC

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    207 that the testimonies of the police officials cannot be ignored

    because they are police officials. It was observed at page 656:

    .

    “21. The submission of the learned Senior Counsel for the
    appellant that recovery has not been proved by any
    independent witness is of no substance for the reason

    that, in the absence of an independent witness to support
    the recovery, in substance cannot be ignored unless
    proved to the contrary. There is no such legal proposition

    of
    that the evidence of police officials, unless supported by
    an independent witness, is unworthy of acceptance or that
    the evidence of police officials can be outrightly
    disregarded.”

    rt

    30. It was laid down by this Court in Budh Ram Versus

    State of H.P. 2020 Cri.L.J.4254 that the testimonies of the police

    officials cannot be discarded on the ground that they belong to

    the police force. It was observed:

    “11. It is a settled proposition of law that the sole

    testimony of the police official, which if otherwise is
    reliable, trustworthy, cogent and duly corroborated by

    other admissible evidence, cannot be discarded only on
    the ground that he is a police official and may be

    interested in the success of the case. There is also no rule
    of law, which lays down that no conviction can be
    recorded on the testimony of a police officer even if such
    evidence is otherwise trustworthy. The rule of prudence
    may require more careful scrutiny of their evidence.
    Wherever the evidence of a police officer, after careful
    scrutiny, inspires confidence and is found to be
    trustworthy and reliable, it can form the basis of a
    conviction, and the absence of some independent witness
    of the locality does not in any way affect the
    creditworthiness of the prosecution case. No infirmity

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    30 ( 2026:HHC:8492 )

    attaches to the testimony of the police officers merely
    because they belong to the police force.”

    31. Similar is the judgment in Karamjit Singh versus State,

    .

    AIR 2003 S.C 3011, wherein it was held:

    “The testimony of police personnel should be treated in

    the same manner as the testimony of any other witness,
    and there is no principle of law that without
    corroboration by independent witnesses, their testimony

    of
    cannot be relied upon. The presumption that a person
    acts honestly applies, as much in favour of police
    personnel as of other persons, and it is not a proper
    judicial approach to distrust and suspect them without
    rt
    good grounds. It will all depend upon the facts and
    circumstances of each case, and no principle of general

    application can be laid down.” (Emphasis supplied)

    32. This position was reiterated in Sathyan v. State of

    Kerala, 2023 SCC OnLine SC 986, wherein it was observed:

    22. Conviction being based solely on the evidence of

    police officials is no longer an issue on which the jury is
    out. In other words, the law is well settled that if the

    evidence of such a police officer is found to be reliable and
    trustworthy, then basing the conviction thereupon
    cannot be questioned, and the same shall stand on firm

    ground. This Court in Pramod Kumar v. State (Govt. of NCT
    of Delhi
    ) 2013 (6) SCC 588, after referring to State of U.P. v.

    Anil Singh [1988 Supp SCC 686: 1989 SCC (Cri) 48], State
    (Govt. of NCT of Delhi) v. Sunil
    [(2001) 1 SCC 652: 2001 SCC
    (Cri) 248] and Ramjee Rai v. State of Bihar [(2006) 13 SCC
    229 : (2007) 2 SCC (Cri) 626] has laid down recently in
    Kashmiri Lal v. State of Haryana [(2013) 6 SCC 595: AIR 2013
    SCW 3102] that there is no absolute command of law that
    the police officers cannot be cited as witnesses and their
    testimony should always be treated with suspicion.
    Ordinarily, the public at large shows their disinclination

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    31 ( 2026:HHC:8492 )

    to come forward to become witnesses. If the testimony of
    the police officer is found to be reliable and trustworthy,
    the court can definitely act upon the same. If, in the
    course of scrutinising the evidence, the court finds the

    .

    evidence of the police officer as unreliable and
    untrustworthy, the court may disbelieve him, but it
    should not do so solely on the presumption that a witness

    from the Department of Police should be viewed with
    distrust. This is also based on the principle that the
    quality of the evidence weighs over the quantity of

    of
    evidence.

    23. Referring to State (Govt. of NCT of Delhi) v. Sunil 2001
    (1) SCC 652, in Kulwinder Singh v. State of Punjab (2015) 6
    SCC 674, this court held that: —

    rt
    “23. … That apart, the case of the prosecution cannot

    be rejected solely on the ground that independent
    witnesses have not been examined when, on the
    perusal of the evidence on record, the Court finds that
    the case put forth by the prosecution is trustworthy.

    When the evidence of the official witnesses is
    trustworthy and credible, there is no reason not to rest
    the conviction on the basis of their evidence.”

    24. We must note that in the former it was observed: —

    “21… At any rate, the court cannot start with the
    presumption that the police records are
    untrustworthy. As a proposition of law, the

    presumption should be the other way around. That
    official acts of the police have been regularly
    performed is a wise principle of presumption and
    recognised even by the legislature… If the court has
    any good reason to suspect the truthfulness of such
    records of the police, the court could certainly take
    into account the fact that no other independent person
    was present at the time of recovery. But it is not a
    legally approvable procedure to presume the police
    action as unreliable to start with, nor to jettison such
    action merely for the reason that police did not collect

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    signatures of independent persons in the documents
    made contemporaneous with such actions.”

    25. Recently, this Court in Mohd. Naushad v. State (NCT of

    .

    Delhi) 2023 SCC OnLine 784 had observed that the

    testimonies of police witnesses, as well as pointing out
    memos, do not stand vitiated due to the absence of
    independent witnesses.

    26. It is clear from the above propositions of law, as
    reproduced and referred to, that the testimonies of

    of
    official witnesses cannot be discarded simply because
    independent witnesses were not examined. The
    correctness or authenticity is only to be doubted on “any
    good reason” which, quite apparently, is missing from
    rt
    the present case. No reason is forthcoming on behalf of
    the Appellant to challenge the veracity of the testimonies

    of PW – 1 and PW – 2, which the courts below have found
    absolutely to be inspiring in confidence. Therefore,
    basing the conviction on the basis of testimony of the
    police witnesses as undertaken by the trial court and

    confirmed by the High Court vide the impugned
    judgment, cannot be faulted with.”

    33. Therefore, the learned Trial Court had rightly held

    that the statements of the police officials corroborated each

    other and they were to be accepted as correct.

    34. It was submitted that no independent witness was

    joined, which made the prosecution’s case doubtful. Reliance

    was placed on the arrest information, (ExPW13/D), in which the

    endorsement was made by Payar Singh that he was informed of

    the arrest of his brother, Paras Ram, in support of this

    submission. This submission will not help the accused. The

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    33 ( 2026:HHC:8492 )

    arrest memo mentions in the handwriting of the accused that he

    wanted to inform his brother Payar Singh about the arrest on his

    .

    mobile No. xxxx-xx007. It clearly shows that Payar Singh was

    not present on the spot, which is why the accused had expressed

    his desire to inform his brother telephonically. There was no

    need to telephonically inform Payar Singh had he been present

    of
    on the spot. Thus, the contents of the arrest memo do not show

    that Payar Singh was present on the spot.

    rt

    35. Learned Trial Court had rightly pointed out that the

    police did not have any prior information regarding the

    transportation of the charas. They saw the accused on the spot,

    who ran away after seeing the police, which made the police

    suspicious.

    36. It was submitted that no efforts were made to

    associate any independent witness, and it is fatal to the

    prosecution’s case. This submission is not acceptable. The

    statements of prosecution witnesses show that the police were

    checking the vehicles and the people. The accused ran away after

    seeing the police, and the police apprehended him based on

    suspicion. A search of the backpack was conducted, during

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    which one carry bag containing cannabis was found. It was laid

    down by the Hon’ble Supreme Court in Kashmira Singh Versus

    .

    State of Punjab 1999 (1) SCC 130 that the police party is under no

    obligation to join independent witnesses while going on

    patrolling duty, and the association of any person after effecting

    the recovery would be meaningless. It was observed:

    of
    “3. Learned counsel for the appellant has taken us
    through the evidence recorded by the prosecution, as also
    rt
    the judgment under appeal. Except for the comment that
    the prosecution is supported by two police officials and
    not by any independent witness, no other comment

    against the prosecution is otherwise offered. This
    comment is not of any value since the police party was on
    patrolling duty, and they were not required to take along

    independent witnesses to support recovery if and when
    made. It has come in the evidence of ASI Jangir Singh that
    after the recovery had been effected, some people had

    passed by. Even so, obtaining their counter-signatures on
    the documents already prepared would not have lent any

    further credence to the prosecution’s version.”

    37. In similar circumstances, it was laid down by this

    Court in Chet Ram Vs State Criminal Appeal No. 151/2006, decided

    on 25.7.2018, that when the accused was apprehended after he

    tried to flee on seeing the police, there was no necessity to

    associate any person from the nearby village. It was observed:-

    “(A)appellant was intercepted, and a search of his bag
    was conducted on suspicion, when he turned back and
    tried to flee, on seeing the police. Police officials did not

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    35 ( 2026:HHC:8492 )

    have any prior information, nor did they have any reason
    to believe that he was carrying any contraband. They
    overpowered him when he tried to run away and
    suspected that he might be carrying some contraband in

    .

    his bag. Therefore, the bag was searched, and Charas was
    recovered. After the recovery of Charas, there was hardly any
    need to associate any person from the nearby village because

    there was nothing to be witnessed.

    It is by now well settled that non-association of
    independent witnesses or non-support of the

    of
    prosecution’s version by independent witnesses where
    they are associated, by itself, is not a ground to acquit an
    accused. It is also well-settled that the testimony of
    official witnesses, including police officials, carries the
    rt
    same evidentiary value as the testimony of any other
    person. The only difference is that Courts have to be

    more circumspect while appreciating the evidence of
    official witnesses to rule out the possibility of false
    implication of the accused, especially when such a plea is
    specifically raised by the defence. Therefore, while

    scrutinising the evidence of official witnesses, in a case
    where independent witnesses are not associated,
    contradictions and inconsistencies in the testimony of

    such witnesses are required to be taken into account and
    given due weightage unless satisfactorily explained. Of

    course, it is only the material contradictions and not the
    trivial ones, which assume significance.” (Emphasis

    supplied)

    38. It was laid down by the Hon’ble Supreme Court of

    India in Raveen Kumar v. State of H.P., (2021) 12 SCC 557: (2023) 2

    SCC (Cri) 230: 2020 SCC OnLine SC 869 that non-association of

    the independent witnesses will not be fatal to the prosecution

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    36 ( 2026:HHC:8492 )

    case. However, the Court will have to scrutinise the statements

    of prosecution witnesses carefully. It was observed at page 566:

    .

    “(C) Need for independent witnesses

    19. It would be gainsaid that the lack of independent
    witnesses is not fatal to the prosecution’s case. [Kalpnath

    Rai v. State, (1997) 8 SCC 732: 1998 SCC (Cri) 134: AIR 1998
    SC 201, para 9] However, such omissions cast an added
    duty on courts to adopt a greater degree of care while

    of
    scrutinising the testimonies of the police officers, which,
    if found reliable, can form the basis of a successful
    conviction.”

    39.
    rt
    This position was reiterated in Rizwan Khan v. State

    of Chhattisgarh, (2020) 9 SCC 627: 2020 SCC OnLine SC 730,

    wherein it was observed at page 633:

    “12. It is settled law that the testimony of the official
    witnesses cannot be rejected on the grounds of non-
    corroboration by independent witnesses. As observed and

    held by this Court in a catena of decisions, examination of
    independent witnesses is not an indispensable

    requirement and such non-examination is not
    necessarily fatal to the prosecution’s case [see Pardeep
    Kumar [State of H.P. v. Pardeep Kumar
    , (2018) 13 SCC 808:

    (2019) 1 SCC (Cri) 420]].

    13. In the recent decision in Surinder Kumar v. State of
    Punjab [Surinder Kumar
    v. State of Punjab, (2020) 2 SCC
    563: (2020) 1 SCC (Cri) 767], while considering somewhat
    similar submission of non-examination of independent
    witnesses, while dealing with the offence under the NDPS
    Act
    , in paras 15 and 16, this Court observed and held as
    under: (SCC p. 568)
    “15.
    The judgment in Jarnail Singh v. State of
    Punjab [Jarnail Singh
    v. State of Punjab, (2011) 3 SCC 521:

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    37 ( 2026:HHC:8492 )

    (2011) 1 SCC (Cri) 1191], relied on by the counsel for the
    respondent State, also supports the case of the
    prosecution. In the aforesaid judgment, this Court has
    held that merely because the prosecution did not

    .

    examine any independent witness would not
    necessarily lead to a conclusion that the accused was
    falsely implicated. The evidence of official witnesses

    cannot be distrusted and disbelieved merely on
    account of their official status.

    16. In State (NCT of Delhi) v. Sunil [State (NCT of

    of
    Delhi
    ) v. Sunil, (2001) 1 SCC 652: 2001 SCC (Cri) 248], it
    was held as under: (SCC p. 655)
    ‘It is an archaic notion that actions of the police
    rt
    officer should be approached with initial distrust. It
    is time now to start placing at least initial trust in
    the actions and the documents made by the police.

    At any rate, the court cannot start with the
    presumption that the police records are
    untrustworthy. As a proposition of law, the

    presumption should be the other way around. That
    official acts of the police have been regularly
    performed is a wise principle of presumption and

    recognised even by the legislature.'”

    40. Similar is the judgment of this Court in Balwinder

    Singh & Anr. Vs State of H.P., 2020 Criminal L.J. 1684, wherein it

    was held: –

    “3. (iii) Learned defence counsel contended that in the
    instant case, no independent witness was associated by
    the Investigating Officer; therefore, the prosecution case
    cannot be said to have been proved by it in accordance
    with provisions of the Act. Learned defence counsel, in
    support of his contention, relied upon the titled Krishan
    Chand versus State of H.P.,2017
    4 CriCC 531
    3(iii)(d). It is by now well settled that a prosecution case

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    38 ( 2026:HHC:8492 )

    cannot be disbelieved only because the independent
    witnesses were not associated.”

    41. This position was reiterated in Kallu Khan v. State of

    .

    Rajasthan, (2021) 19 SCC 197: 2021 SCC OnLine SC 1223, wherein it

    was held at page 204: –

    “17. The issue raised regarding conviction solely relying
    upon the testimony of police witnesses, without

    of
    procuring any independent witness, recorded by the two
    courts, has also been dealt with by this Court in Surinder
    Kumar [Surinder Kumar v. State of Punjab
    , (2020) 2 SCC 563
    : (2020) 1 SCC (Cri) 767] holding that merely because
    rt
    independent witnesses were not examined, the
    conclusion could not be drawn that the accused was

    falsely implicated. Therefore, the said issue is also well
    settled and in particular, looking at the facts of the
    present case, when the conduct of the accused was found
    suspicious, and a chance recovery from the vehicle used

    by him is made from a public place and proved beyond a
    reasonable doubt, the appellant cannot avail any benefit
    on this issue. In our view, the concurrent findings of the

    courts do not call for interference.”

    42. A similar view was taken in Kehar Singh v. State of

    H.P., 2024 SCC OnLine HP 2825, wherein it was observed:

    16. As regards non-association of the independent
    witnesses, it is now well settled that non-association of
    the independent witnesses or non-supporting of the
    prosecution version by independent witnesses itself is not
    a ground for acquittal of Appellants/accused. It is also
    well-settled that the testimonies of the official witnesses,
    including police officials, carry the same evidentiary
    value as the testimony of any other person. The only
    difference is that the Court has to be most circumspect
    while appreciating the evidence of the official witnesses

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    39 ( 2026:HHC:8492 )

    to rule out the possibility of false implication of the
    accused, especially when such a plea is specifically raised
    by the defence. Therefore, while scrutinising the evidence
    of the official witnesses, in cases where independent

    .

    witnesses are not associated, contradictions and
    inconsistencies in the testimonies of such witnesses are
    required to be taken into account and given due

    weightage unless satisfactorily explained. However, the
    contradiction must be a material and not trivial one,
    which alone would assume significance.

    of

    17. Evidently, this is a case of chance recovery; therefore,
    the police party was under no obligation to join
    independent witnesses while going on patrolling duty,
    and the association of any person after effecting the
    rt
    recovery would be meaningless.

    Xxxx

    19. A similar reiteration of law can be found in the
    judgment rendered by the learned Single Judge of this
    Court in Avtar @ Tarri v. State of H.P., (2022) Supreme HP

    345, wherein it was observed as under: —

    “24. As regards the second leg of the argument raised
    by learned counsel for the appellant, it cannot be said

    to be of much relevance in the given facts of the case.
    The fact situation was that the police party had laid the

    ‘nakka’ and immediately thereafter had spotted the
    appellant at some distance, who got perplexed and

    started walking back. The conduct of the appellant was
    sufficient to raise suspicion in the minds of police
    officials. At that stage, had the appellant not been
    apprehended immediately, the police could have lost
    the opportunity to recover the contraband. Looking
    from another angle, the relevance of independent
    witnesses could be there when such witnesses were
    immediately available or had already been associated
    at the place of ‘nakka’. These, however, are not
    mandatory conditions and will always depend on the
    fact situation of each and every case. The reason is that

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    40 ( 2026:HHC:8492 )

    once the person is apprehended and is with the police,
    a subsequent association of independent witnesses
    may not be of much help. In such events, the
    manipulation, if any, cannot be ruled out.”

    .

    Xxxx

    22. A similar reiteration of law can be found in a very
    recent judgment of the Coordinate Bench of this Court

    in Cr. A. No. 202 of 2020, titled Dillo Begum v. State of H.P.,
    decided on 27.03.2024.”

    of

    43. Thus, in view of the binding precedents of this Court

    and the Hon’ble Supreme Court, the non-association of
    rt
    independent witnesses is not fatal, and the prosecution’s case

    cannot be discarded due to the non-association of independent

    witnesses. However, the Court will have to carefully scrutinise

    the testimonies of the police officials.

    44. The case property was produced along with the

    accused before the learned Chief Judicial Magistrate on

    04.04.2017. The learned Chief Judicial Magistrate found that

    the parcel was sealed with six seals of the Investigating Officer,

    having seal impression ‘SB’, and five reseal impressions having

    seal impression ‘BH’. The seals were intact. The Investigating

    Officer had shown his intention to take the entire case property

    for analysis, and there was no need to take samples. The case

    property was weighed with a weighing machine, and

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    41 ( 2026:HHC:8492 )

    photographs were taken, and the case property was handed over

    to the Investigating Officer. The learned Chief Judicial

    .

    Magistrate had not opened the case property and weighed the

    parcel to determine the weight of the charas. It was submitted

    that this violated Section 52A of the NDPS Act. This submission

    will not help the accused because the whole of the case property

    of
    was sent to FSL. It was laid down by this Court in Narayan Singh

    Vs. State of H.P. 2023 HHC 9715 that the provisions of Section 52-
    rt
    A of the NDPS Act will not apply when the samples were not

    drawn, and the entire contraband was sent to the FSL for

    analysis. It was observed:-

    19. After going through the aforesaid judgments, we are
    of the considered view that the same does not apply to the

    facts of the instant case. It would be noticed that in all the
    earlier judgments, the Hon’ble Court was dealing with

    cases where samples had been drawn from the bulk and
    then samples had been sent for chemical analysis, and the
    residue or bulk sample remained with the investigating

    agency. However, this is not the fact obtaining situation
    in the instant case. Here, the entire contraband had been
    sent for chemical analysis, and that too on the very next
    date of its recovery. In such circumstances, there could be
    no better and primary evidence for the purpose of the
    trial.

    45. Similarly, it was laid down in Sandeep Kumar Vs State

    of H.P., 2022 Law Suits (HP) 149, that the provisions of Section

    52A of the NDPS Act is not mandatory and non-compliance with

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    42 ( 2026:HHC:8492 )

    Section 52-A of the NDPS Act is not fatal to the prosecution case.

    It was observed: –

    .

    “24. It has also been strenuously argued on behalf of the
    appellants that the investigating agency had failed to
    comply with the provisions of Section 52-A of the NDPS

    Act and thus cast a shadow of doubt on its story. The
    contention raised on behalf of the appellants is that the
    rules framed for investigations under the NDPS Act are

    of
    mandatory and have to be strictly followed. Neither the
    required sample was taken on the spot, nor were the
    samples preserved by complying with Section 52-A of the
    Act. It has been argued that compliance with Section 52-A
    rt
    of the Act is mandatory…..

    xxxxxx

    27. The precedent relied upon on behalf of the appellants,
    however, did not lay down the law that non-compliance
    with Section 52-A of the Act is fatal to the prosecution’s

    case under the NDPS Act. On the other hand, in State of
    Punjab vs. Makhan Chand
    , 2004 (3) SCC 453, the Hon’ble
    Supreme Court, while dealing with the question of the

    effect of non-compliance of Section 52-A, has held as
    under: –

    10. This contention too has no substance for two
    reasons. Firstly, Section 52A, as the marginal note

    indicates, deals with the “disposal of seized
    narcotic drugs and psychotropic substances”.

    Under Sub-section (1), the Central Government, by
    notification in the Official Gazette, is empowered to
    specify certain narcotic drugs or psychotropic
    substances having regard to the hazardous nature,
    vulnerability to theft, substitution, constraints of
    proper storage space and such other relevant
    considerations, so that even if they are material
    objects seized in a criminal case, they could be
    disposed of after following the procedure

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    43 ( 2026:HHC:8492 )

    prescribed in Sub-sections (2) & (3). If the
    procedure prescribed in Sub-sections (2) & (3) of
    Section 52A is complied with and upon an
    application, the Magistrate issues the certificate

    .

    contemplated by Subsection (2), then Sub-section
    (4) provides that, notwithstanding anything to the
    contrary contained in the Indian Evidence Act, 1872

    or the Code of Criminal Procedure, 1973, such
    inventory, photographs of narcotic drugs or
    substances and any list of samples drawn under

    of
    Sub-section (2) of Section 52A as certified by the
    Magistrate, would be treated as primary evidence in
    respect of the offence. Therefore, Section 52A(1)
    does not empower the Central Government to lay
    rt
    down the procedure for the search of an accused but
    only deals with the disposal of seized narcotic drugs

    and psychotropic substances.

    11. Secondly, when the very same standing orders
    came up for consideration in Khet Singh v. Union of
    India
    , 2002 (4) SCC 380, this Court took the view

    that they were merely intended to guide the officers
    to see that a fair procedure is adopted by the
    Officer-in-Charge of the investigation. It was also

    held that they were not inexorable rules, as there
    could be circumstances in which it may not be

    possible for the seizing officer to prepare the
    mahazar at the spot if it is a chance recovery, where

    the officer may not have the facility to prepare the
    seizure mahazar at the spot itself. Hence, we do not
    find any substance in this contention.”

    46. Thus, the prosecution’s case cannot be doubted

    because the learned Chief Judicial Magistrate had not opened the

    parcel to certify the correctness of the inventory.

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    44 ( 2026:HHC:8492 )

    47. The report of the analysis shows that the seals were

    intact, which indicates that there was no tampering with the

    .

    case property. It was held in Baljit Sharma vs. State of H.P 2007

    HLJ 707, that where the report of analysis shows that the seals

    were intact, the case of the prosecution that the case property

    remained intact is to be accepted as correct. It was observed:

    of
    “A perusal of the report of the expert Ex.PW8/A shows
    that the samples were received by the expert in a safe
    rt
    manner, and the sample seal was separately sent and
    tallied with the specimen impression of a seal taken
    separately. Thus, there was no tampering with the seal,

    and the seal impressions were separately taken and sent
    to the expert also.”

    48. Similar is the judgment in Hardeep Singh vs State of

    Punjab 2008(8) SCC 557, wherein it was held:

    “It has also come on evidence that till the date the
    parcels of the sample were received by the Chemical

    Examiner, the seal put on the said parcels was intact.
    That itself proves and establishes that there was no
    tampering with the previously mentioned seal in the

    sample at any stage, and the sample received by the
    analyst for chemical examination contained the same
    opium, which was recovered from the possession of the
    appellant. In that view of the matter, a delay of about 40
    days in sending the samples did not and could not have
    caused any prejudice to the appellant.”

    49. In State of Punjab vs Lakhwinder Singh 2010 (4) SCC

    402, the High Court had concluded that there could have been

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    45 ( 2026:HHC:8492 )

    tampering with the case property since there was a delay of

    seven days in sending the report to FSL. It was laid down by the

    .

    Hon’ble Supreme Court that case property was produced in the

    Court, and there was no evidence of tampering. Seals were found

    to be intact, which would rule out the possibility of tampering. It

    was observed:

    of
    “The prosecution has been able to establish and prove
    that the aforesaid bags, which were 35 in number,
    rt
    contained poppy husk, and accordingly, the same were
    seized after taking samples therefrom which were
    properly sealed. The defence has not been able to prove

    that the aforesaid seizure and seal put in the samples were
    in any manner tampered with before it was examined by
    the Chemical Examiner. There was merely a delay of about

    seven days in sending the samples to the Forensic
    Examiner, and it is not proved as to how the aforesaid
    delay of seven days has affected the said examination,

    when it could not be proved that the seal of the sample
    was in any manner tampered with. The seal having been

    found intact at the time of the examination by the
    Chemical Examiner and the said fact having been
    recorded in his report, a mere observation by the High

    Court that the case property might have been tampered
    with, in our opinion, is based on surmises and conjectures
    and cannot take the place of proof.

    17. We may at this stage refer to a decision of this Court in
    Hardip Singh v. State of Punjab reported in (2008) 8 SCC 557
    in which there was a delay of about 40 days in sending the
    sample to the laboratory after the same was seized. In the
    said decision
    , it was held that in view of cogent and
    reliable evidence that the opium was seized and sealed
    and that the samples were intact till they were handed
    over to the Chemical Examiner, the delay itself was held

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    46 ( 2026:HHC:8492 )

    to be not fatal to the prosecution’s case. In our considered
    opinion, the ratio of the aforesaid decision squarely
    applies to the facts of the present case in this regard.

    .

    18. The case property was produced in the Court, and there

    is no evidence to show that the same was ever tampered
    with.”

    50. Similar is the judgment of the Hon’ble Supreme

    Court in Surinder Kumar vs State of Punjab (2020) 2 SCC 563,

    of
    wherein it was held:-

    “10. According to learned senior counsel for the appellant,
    rt
    Joginder Singh, ASI, to whom Yogi Raj, SHO (PW-3),
    handed over the case property for producing the same

    before the Illaqa Magistrate and who returned the same to
    him after such production was not examined, as such, link
    evidence was incomplete. In this regard, it is to be noticed
    that Yogi Raj, SHO, handed over the case property to

    Joginder Singh, ASI, for production before the Court. After
    producing the case property before the Court, he returned
    the case property to Yogi Raj, SHO (PW-3), with the seals

    intact. It is also to be noticed that Joginder Singh, ASI, was
    not in possession of the seals of either the investigating

    officer or Yogi Raj, SHO. He produced the case property
    before the Court on 13.09.1996 vide application Ex.P-13.
    The concerned Judicial Magistrate of First Class, after

    verifying the seals on the case property, passed the order
    Ex.P-14 to the effect that since there was no judicial
    malkhana at Abohar, the case property was ordered to be
    kept in safe custody, in Police Station Khuian Sarwar till
    further orders. Since Joginder Singh, ASI, was not in
    possession of the seals of either the SHO or the
    Investigating Officer, the question of tampering with the
    case property by him did not arise at all.

    11. Further, he has returned the case property, after
    production of the same, before the Illaqa Magistrate, with
    the seals intact, to Yogi Raj, SHO. In that view of the

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    47 ( 2026:HHC:8492 )

    matter, the Trial Court and the High Court have rightly
    held that the non-examination of Joginder Singh did not,
    in any way, affect the case of the prosecution. Further, it is
    evident from the report of the Chemical Examiner, Ex.P-10,

    .

    that the sample was received with seals intact and that the
    seals on the sample tallied with the sample seals. In that view
    of the matter, the chain of evidence was complete.”

    (Emphasis supplied)

    51. Therefore, the prosecution’s version is to be accepted

    of
    as correct that the case property remained intact till its analysis

    at FSL, Junga.

    52.
    rt
    It was submitted that the abstract of malkhana

    register mentions the colour of the carry bag as “moongia”,

    whereas the result of analysis (Ex. PX) mentions the green carry

    bag. Thus, there is a discrepancy in the colour. This submission

    will not help the accused, as the colour ‘moongia’ is also dark

    green, and there is no discrepancy in the colour.

    53. The report of analysis shows that the substance

    analysed was charas; hence, there is no infirmity in the findings

    recorded by the learned Trial Court that the accused was found

    in possession of 800 grams of charas and he was rightly

    convicted of the commission of an offence punishable under

    Section 29(b)(ii)(B) of the NDPS Act.

    54. The learned Trial Court has sentenced the accused to

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    48 ( 2026:HHC:8492 )

    undergo rigorous imprisonment of eight years, pay a fine of

    ₹80,000/-, and in default of payment of fine, to undergo further

    .

    rigorous imprisonment for one year. This is not excessive. A

    person possessing 1 Kg of charas can be punished to undergo

    rigorous imprisonment for a period of 10 years, and if the

    principle of proportionality is applied, the sentence of eight

    of
    years for possessing 800 grams of charas is proportionate, and

    no interference is required with the sentence imposed by the
    rt
    learned Trial Court.

    55. No other point was urged.

    56. In view of the above, the present appeal fails and it is

    dismissed.

    57. Records of the learned Trial Court be sent down

    forthwith along with copy of this judgment.

    (Rakesh Kainthla)
    Judge
    24 March, 2026
    (jai)

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