HP High Court Upholds Acquittal In 2 Kg Charas Case, Cites Discrepancy In Colour Of Tape Used During Seizure & Produced In Court
The Himachal Pradesh High Court has upheld the acquittal of three accused persons in a case involving the alleged recovery of 2.002 kg of charas under the NDPS Act, observing that a discrepancy in the colour of the tape used to seal the seized contraband raised doubts regarding the identity and safe custody of the case property.
The Court noted that while police witnesses claimed that the contraband was wrapped in yellow tape at the time of seizure, it was found wrapped in brown tape when opened before the Trial Court, thereby adding to the material inconsistencies in the prosecution's case.
Division Bench of Justice Vivek Singh Thakur and Justice Bhupesh Sharma remarked that: “The case property before sealing was wrapped with yellow tape. However, the case property on being opened in the Court contained two polythene packets wrapped with brown tape containing Charas.”
The case arose from an incident dated December 26, 2016, when a police team intercepted a Mahindra XYLO vehicle at Dohri Diwar near Subathu bifurcation in Solan, Himachal Pradesh, acting on secret information about the transportation of narcotics.
During the search, the police allegedly recovered 2.002 kg of charas from a backpack kept between the legs of accused Kapil @ Dhillo, who was travelling in the vehicle with two other accused persons. The three were subsequently charged under Sections 20 and 29 of the NDPS Act.
However, the Special Judge, Solan, acquitted them on September 10, 2018, citing inconsistencies in the prosecution's evidence. The State challenged the acquittal before the Himachal Pradesh High Court.
The High Court observed that the prosecution failed to establish the recovery of charas from the conscious possession of the accused persons, as the two independent witnesses did not support the alleged recovery.
It further noted material contradictions in the testimonies of police officials regarding the receipt of secret information, recording of reasons of belief under Section 42(2) of the NDPS Act and the place where the backpack was searched.
The Court also found discrepancies in the colour of the tape used to wrap the seized contraband and doubts regarding the custody of the seal, raising questions about the identity and safe custody of the case property.
Holding that the Trial Court had taken a possible view based on the evidence, the High Court dismissed the State's appeal and upheld the acquittal.
Date of Decision: 29.10.2026