All three accused were real brothers inter se and it would hardly appear to a prudent mind that all three of them were taking away huge quantity of Charge in their hands in busy morning hours of the day-Private citizen who was made mushir, was not examined and was held back and instead other police official was examined and no explanation was given by prosecution witness-Chemical Examiner’s Report had shown that samples were sent on two different dates after more than fifteen days of alleged recovery-Prosecution evidence, thus, could not be termed as truthful and free from doubt-Prosecution having failed to prove its case beyond any shadow of reasonable, doubt, conviction and sentence awarded to accused by trial court were set aside