Judgment Surinder Singh, J. The challenge in this appeal is to the judgment of conviction and sentence passed by the learned Sessions Judge in NDPS case No.12-S/7 of 2010 decided on 16.7.2012 whereby the appellant hereinafter referred to as ‘the accused’ has been sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1000/- under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in short “the Act’, with default clause by giving her the benefit of setoff under Section 428 of the Code of Criminal Procedure, the period she remained in custody during investigation and trial; for allegedly keeping in possession 555 grams of stuff which contained 29.01% W/W resin of the cannabis plant and also 4.23% W/W resin in the cannabis leaf powder. 2. The story, as spelt by the prosecution witnesses, succinctly can be stated thus. PW14 Sub Inspector Chaman Lal was heading a police party consisting of ASI Rajinder Singh, HC Kuldeep Constables Ashish, Deepak, Parma Nand and lady constable Rama. On their way back after conducting investigation in a murder case, when they reached near housing board colony, Sanjauli in their official vehicle being driven by Constable Sanjeev Kumar, Sub Inspector Chaman lal aforesaid received a secret information that the accused had been dealing in charas at her residential house in Kamla Nagar (Tara Colony). The information so received appeared to him to be reliable which was jotted down by him copy whereof is Ext. PW4/A. It was sent through constable PW12 Sanjeev Kumar to the Additional Superintendent of Police, Shimla which was handed over by him on the same day in his office. (ii) Thereafter PW14 S.I. Chaman Lal associated two independent witnesses, namely, PW1 Om Parkash and PW2 Sohan Jaswal in the raiding party and proceeded to the house of the accused to conduct search. Accused was found present in her house. She was apprised of the purpose of visit. Thereafter, the police party and the independent witnesses rendered themselves to be searched by the accused, however, no incriminating article was found in their possession. Thus, a memo to this effect was prepared. Thereafter S.I. aforesaid started conducting search of the house and recovered a red colour ladies purse (Ext. P2) beneath the pillow on the double-bed. Purse contained charas, currency notes worth Rs.5150/-, one cutter and 17 small pieces of papers. Thus, a memo to this effect was prepared. Thereafter S.I. aforesaid started conducting search of the house and recovered a red colour ladies purse (Ext. P2) beneath the pillow on the double-bed. Purse contained charas, currency notes worth Rs.5150/-, one cutter and 17 small pieces of papers. Charas was found kept in the polythene bag in two packets in the purse. It was in the shape of square and billets. In addition, there was also powder of cannabis leafs. Weights and scale were also found in the house of the accused. It was weighed on the same scale. Charas which was in the square shape was found to be 280 grams in weight and other charas in the shape of billets and powder was 275 grams. Recovered stuff was put into the same packets and sealed with the six seals of impression ‘H’. Purse was separately sealed in a cloth parcel with the same seal whereas currency notes of Rs.5150/-, cutter, 17 pieces of small paper, two empty polythene packets were also sealed in a separate cloth parcels and sealed with six seals impressions of ‘H’. All the parcels were taken into possession vide seizure memo Ext. PW1/A on which the aforesaid witnesses appended their signatures and also the accused. (iii) The copy of recovery memo was given to the accused free of cost. The relevant columns of NCB forms in triplicate were filled in on the spot and facsimile of seal ‘H’ was also taken on the NCB forms. The sample of seal was separately taken on a piece of cloth and the seal after its use was handed over to witness Sohan Singh. (iv) Ruka Ext. PW6/A was prepared on the spot and sent for the registration of the case through constable Parma Nand which culminated into FIR Ext. PW6/B. (v) I.O. prepared the site plan Ext. PW14/A of the place of alleged recovery. He also recorded the statements of the witnesses under Section 161 of the Code of Criminal Procedure. Finding sufficient grounds for the arrest of the accused, personal search of the accused before her arrest was conducted by the lady constable, Accused was arrested and grounds of arrest were informed vide memo Ext. PW12/A. Information regarding arrest was given to the brother of the accused. Memo to this effect is Ext. Finding sufficient grounds for the arrest of the accused, personal search of the accused before her arrest was conducted by the lady constable, Accused was arrested and grounds of arrest were informed vide memo Ext. PW12/A. Information regarding arrest was given to the brother of the accused. Memo to this effect is Ext. PW12/B. (vi) The case property and the accused were produced before PW6 Inspector SHO Kundan Singh. Accused was lodged in judicial lock-up and the case property along with NCB forms were produced before the said Inspector. He re-sealed all the three packets with his own seal impression ‘A’ as per document Ext. PW6/C and also filled in relevant columns of NCB forms Ext. PW6/D and other two forms. He also took sample of seal on the piece of cloth Ext. PW6/E. (vii) The case property was handed over to PW9 MHC Shiv Kumar and he deposited the case property into Malkhana. Its entry was made in the relevant Register abstract whereof is Ext. PW9/A. (viii) Report with respect to search and seizure was sent to the official superior within the statutory period. (ix) On 31.8.2009, case property was sent through PW5 Constable Prem Singh vide RC Ext. PW5/A along with sample of seals, NCB forms etc. to which he deposited in the Laboratory on the same day. (x) Case property received in the Laboratory was examined. Result of the examination is that the recovered stuff weighing 498.0g contained cystholithic hair and cannabinols including the presence of tetrahydrocannabinol. The resin of the cannabis was found to the extent of 29.01% w/w. Thus the result was that the stuff contained charas and was a sample of charas. Remaining stuff cannabis leaves powder also contained the same ingredients, but the resin was found 4.23% w/w. Report to this effect is Ext. PW14/B. (xi) On the receipt of the report of the analysis and collecting proof with respect to the ownership of the house qua the accused, challan was prepared and presented in the Court for her trial. 3. Accused was accordingly chargesheeted for the offence aforesaid to which she pleaded not guilty and claimed trial. 4. To prove its case, prosecution examined independent witnesses PW1 Om Parkash and PW2 Sohan Jaswal besides examining other official witnesses of search and seizure and other formal witnesses. 5. Accused was examined under Section 313 of the Code of Criminal Procedure. 3. Accused was accordingly chargesheeted for the offence aforesaid to which she pleaded not guilty and claimed trial. 4. To prove its case, prosecution examined independent witnesses PW1 Om Parkash and PW2 Sohan Jaswal besides examining other official witnesses of search and seizure and other formal witnesses. 5. Accused was examined under Section 313 of the Code of Criminal Procedure. The circumstances which were found attendant upon her were put to her to which she denied. Virtually, her case was denial simplicitor. She pleaded innocence and alleged false implication in the case but did not lead any evidence in defence. 6. The learned trial Court believed the prosecution evidence thus convicted and sentenced the accused for the offence charged, as aforesaid which has been assailed in the present appeal. 7. Shri B.R. Sharma, learned counsel for the accused vehemently argued that investigation was not above board. No witness of the locality was associated in the raiding party and there are material contradictions in the statements of the witnesses which goes to the root of the case and were ignored for appreciation by the learned trial Court. 8. On the other hand, Mr. A.K. Bansal, learned Additional Advocate General while supporting the impugned judgment of conviction and sentence submitted that the recovery in the instant case from the accused stands proved. He also argued that the learned counsel for the accused could not point out what is the defect or illegality in the investigation of the case which vitiated trial. He also pointed out that the witnesses associated in the raiding party were independent and were also from the closed inhabited area who happened to arrive at the spot. He also referred to the statements of the witnesses and submitted that there is no contradiction worth the name which shatters the prosecution case and the recovery stands proved. 9. I have given my thoughtful consideration to the rival contentions of the parties and reassessed the evidence on record. 10. Admittedly, this was a case of prior information to the police with respect to the alleged offence. In order to satisfy the mandatory provisions of Section 42 (2), the Investigating Officer had taken down the information, the copy whereof is Ext. 10. Admittedly, this was a case of prior information to the police with respect to the alleged offence. In order to satisfy the mandatory provisions of Section 42 (2), the Investigating Officer had taken down the information, the copy whereof is Ext. PW4/A. It was sent immediately through PW12 constable Sanjeev Kumar to the Additional S.P. which fact stands substantiated by him and he proves the endorsement in the hands of the Additional S.P. on the same day at 1.45 p.m. PW14 S.I. Chaman Lal after associating the independent witnesses aforesaid in the raiding party had proceeded to the house of the accused and raided the premises. He rendered the raiding party to be searched by the accused but nothing incriminating material was found. To this effect, memo Ext. PW1/C was executed in the presence of witnesses and duly signed by the accused which stands proved and there is no challenge to it. 11. During the search operation, as stated by PW14 aforesaid, purse Ext. P2 was found beneath pillow of the double-bed where accused was present in the room which contained packet of charas Ext. P4 in the packet Ext. P1 and another parcel of charas Ext. P4 in the envelop Ext. P3. Besides this, some paper slips Ext. P7, one cutter Ext. P8 were also found in the purse which were taken into possession and sealed separately. It is also testified by the I.O. as well as the independent witnesses that the police had also recovered one scale Ext. P10 and weights of 100 grams and 500 grams which were lying in the room of the accused and separately sealed with the same seal. All these parcels were taken into possession vide seizure memo Ext. PW1/A. Further PW14 S.I. Investigating Officer as well as PW1 and PW2 independent witnesses testified about the taking of all these incriminating articles into possession vide seizure memo and they admitted to have appended their signatures thereupon and also on each of the parcels to which they identified during the trial. Further, PW14 S.I. Chaman Lal was subjected to lengthy cross examination and it was tried to extract from him that the house in question was in the joint possession of the accused but he stated that the accused had been living separately from her husband who had already deserted her. Further, PW14 S.I. Chaman Lal was subjected to lengthy cross examination and it was tried to extract from him that the house in question was in the joint possession of the accused but he stated that the accused had been living separately from her husband who had already deserted her. As per PW13 Pradhan, her elder son is driver and the younger son is handicapped. He testified that the house in question belong to the accused. Significantly, there is nothing on record to show that any other lady except the accused was residing in that house. The recoveries of the incriminating articles from the purse Ext. P2 which was found beneath the pillow of the double-bed of her room where she was found present stand absolutely proved beyond doubt. Importantly, when accused was produced before the Inspector/SHO she did not deny any recovery or disputed the possession of the house and also did not raise any voice against her false implication even when she was produced before the Magistrate within 24 hours of her arrest. 12. The independent witness PW1 Om Parkash and PW2 Sohan Jaswal have supported the prosecution case mutatis mutandis. Nothing material could be elicited in their cross examination and there was no reason to depose falsely against the accused. Even no motive could be imputed to the police to frame her in a false case. 13. I find no inconsistency or contradiction in the statements of the independent witnesses as well as official witnesses. Prosecution case stands fully corroborated by the independent witnesses. 14. The link evidence is complete. The case property after re-sealing was taken into possession by PW9 MHC Shiv Kumar vide memo Ext. PW6/C under his endorsement and signatures. Apart from the case property, it also contained NCB forms and sample of seals. In view of this, the contention of the learned counsel for the appellant that there is no mention of the NCB forms in the malkhana register is devoid of any force. Further, Constable Prem Singh took the case property for its deposit to the Forensic Laboratory vide RC Ext. PW5/A wherein there is also a reference of all these documents. In view of this, the contention of the learned counsel for the appellant that there is no mention of the NCB forms in the malkhana register is devoid of any force. Further, Constable Prem Singh took the case property for its deposit to the Forensic Laboratory vide RC Ext. PW5/A wherein there is also a reference of all these documents. The seals remained in tact throughout and it has so been specifically mentioned in the report of analysis and there is a certificate that it tallied with the sample of seals sent separately as well as found on the NCB forms. Therefore, the link evidence is also complete as aforesaid from the time of recovery till the case property was examined in the laboratory. 15. I also do not find any defect or illegality in the investigation of this case, which shatters the prosecution case. The contention that non-association of independent witnesses from the immediate closed locality is fatal, is also not correct when there is no malice imputed to the independent witnesses who are from the same area. Further, minor contradictions which appeared here and there in the timing are of no consequence and relevance. The recovery of the offensive articles from the accused stands proved. The Court can presume the mental state of the accused under Section 35 read with Section 54 of the Act to which accused failed to count for satisfactorily. Thus the appeal sans merit and is accordingly dismissed, so also the pending application(s), if any.