JUDGMENT : - Rajiv Sharma, J. Since common questions of law and facts are involved in both the appeals, as such, same are being taken up together and are disposed of by a common judgment. 2. The appeals are instituted against judgment rendered by learned Special Judge, Kullu, H.P., in Sessions Trial No. 37/2012 (RBT No. 111 of 2012) on 21.3.2013/ 22.3.2013 whereby appellants/ accused who were charged with and tried for offences punishable under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (herein after referred to as ‘Act’ for convenience), were convicted and sentenced to undergo rigorous imprisonment for ten years each and to pay a fine of Rs.1.00 lakh each under Section 20 of the Act and in default of payment of fine, they to further suffer imprisonment for six months each. The period of detention of the convicts during the trial and investigation of the case was set off under Section 428 of the Criminal Procedure Code. 3. Case of the Prosecution in a nutshell is that on 22.4.2012, a police party headed by PW8 Sub Inspector Sunil Kumar and consisting of PW6 HHC Uttam Singh and HHG Narotam, as per rapat Ext. PW9/A, left the Police Station Kullu for VIP duty towards Jari and Manikaran etc. in Government vehicle. They were waiting for the cavalcade of the VIPs at Chharor Nallah and from there they started moving ahead towards pilot vehicle deputed on VIP duty. When they reached near Sarsari, a telephonic direction was received from SHO Kullu to the effect that since pilot was already detailed on VIP duty, therefore said party was directed to conduct traffic checking. Thereafter they returned from Sarsari and laid Naka at Chilla-aage. Constable Vishwanath and Home Guard Gurdial were also deputed to assist said police party. While conducting traffic checking, Constable Vishwanath and Gurdial also reached the spot. At about 1.00 p.m., a white coloured Swift Desire car bearing registration No. DL-9CR-8410 came from Manikaran side, which was signaled to stop. Accused Ravinder was on the steering wheel of the vehicle and accused Chirag Grover was sitting on the rear seat. PW8 asked accused Ravinder to produce original documents of the vehicle upon which said accused felt scared. This activity on his part raised suspicion in the mind of the police. Accused Ravinder was on the steering wheel of the vehicle and accused Chirag Grover was sitting on the rear seat. PW8 asked accused Ravinder to produce original documents of the vehicle upon which said accused felt scared. This activity on his part raised suspicion in the mind of the police. Thereafter both the accused persons were made to alight from the vehicle and search of their vehicle was conducted. During search, PW8 noticed that packing (gatta) of the left side window of the vehicle was slightly loose and on checking of said window, five packets were recovered. These five packets were taken out and on checking charas was found in all the packets. Charas was weighed. It weighed 2.177 kilograms. It was sealed as per procedure. The case property was thereafter taken into possession vide seizure memo Ext. PW6/B. Ruqa Ext. PW4/A was prepared and sent to the Police Station Kullu through HHC Uttam Chand. SHO Sher Singh recorded FIR Ext. PW4/B. I.O. prepared spot map Ext. PW8/A. Personal search of the accused persons was conducted vide memos Ext. PW8/B and Ext. PW8/C. The case property was produced before SHO Sher Singh for re-sealing. He resealed the parcel with four seals of letter ‘M’, filled relevant columns of NCB form. He deposited the case property alongwith NCB form, sample seals and other relevant documents with MHC of the Police Station. According to the Prosecution, Chirag Grover disclosed that he alongwith accused Ravinder had stayed in a hotel at Kasol. IO also prepared a special report Ext. PW2/A and submitted it to the Additional SP. The contraband was sent to F.S.L. Junga. The case property was examined at F.S.L. and vide report Ext. PW4/D extract was found to be charas. Thereafter challan was prepared and put in the Court after completing all the codal formalities. Accused were convicted as noticed herein above. 4. Mr. Anoop Chitkara and Mr. Vivek Sharma have vehemently argued that the Prosecution has failed to prove their case. Mr. Parmod Thakur, learned Additional Advocate General has supported judgment dated 21.3.2013/22.3.2013. 5. We have heard the learned counsel for the parties and also gone through the record carefully. 6. PW-1 Panna Lal deposed that he was owner of Purnima Guest House Kasol. On 19.4.2012, both the accused had booked room No. 402 in his guest house and they left the room on 22.4.2012. 5. We have heard the learned counsel for the parties and also gone through the record carefully. 6. PW-1 Panna Lal deposed that he was owner of Purnima Guest House Kasol. On 19.4.2012, both the accused had booked room No. 402 in his guest house and they left the room on 22.4.2012. He further testified that on 24.4.2012 the police visited his hotel alongwith accused Chirag Grover. He identified him. Police has taken into possession the abstract of the register. In his cross-examination he has admitted that at Sr. No. 19 on page No. 5 of Hotel Register, one Ravinder stayed in the Hotel. He admitted that four persons stayed in the hotel. He also admitted that as per record, stay of two persons has been recorded at Sr. No. 19. He also admitted that entries were not in his hand. Manoj Kumar, who was a local person was the Manager of his Hotel. He also admitted that signatures of all the visitors are taken from page No. 1 to 71 against every serial number. He admitted in his cross-examination that signatures of Ravinder were not found on the register and there was over-writing at the time of departure, in the said register. 7. PW-2 HC Balbir Sharma deposed that special report was handed over to him by the Additional S.P. on 24.4.2012, after making endorsement with red circle. He made entries at Sr. no. 8 of the concerned register. Relevant abstract of which is Ext. PW2/B. 8. PW-3 MHC Ram Krishan deposed that as per record, on 22.4.2012, Inspector Sher Singh deposited a parcel sealed with 8 seals of seal Z and four seals of seal M stated to be containing 2.177 kilograms of charas alongwith NCB form in triplicate, photocopy of seizure memo. The case property was deposited with HC Gian Chand, who was officiating MHC at that time. On 23.4.2012, the case property alongwith sample seals Z and M, NCB form in triplicate, photocopies of seizure memo and FIR and docket was sent to the F.S.L. Junga through Constable Sangat Ram vide RC No. 77/12, copy of which is Ext. PW3/B 9. PW-4 Inspector Sher Singh deposed that on the basis of Ruqa, he lodged FIR Ext. On 23.4.2012, the case property alongwith sample seals Z and M, NCB form in triplicate, photocopies of seizure memo and FIR and docket was sent to the F.S.L. Junga through Constable Sangat Ram vide RC No. 77/12, copy of which is Ext. PW3/B 9. PW-4 Inspector Sher Singh deposed that on the basis of Ruqa, he lodged FIR Ext. PW4/B. Thereafter, in the evening time, ASI Sunil Kumar produced before him case property of this case alongwith NCB I form in triplicate, sample seal Z. The case property was in a cloth parcel which was stated to be containing charas weighing 2.177 kgs. The parcel was sealed with 8 seals of seal Z. Thereafter, he resealed parcel Ext. P1 with four seals of seal M, obtained sample seal M Ext. PW4/C and filled relevant columns of NCB I forms, one of which is Ext. PW3/C. Thereafter case property was deposited with MHC Kullu alongwith documents. 10. PW-5 Constable Sangat Ram deposed that MHC Kullu handed over a parcel sealed with 8 seals of seal Z and four seals of seal M stated to be containing 2.177 kg charas vide RC No. 77/12 with directions to deposit the same with F.S.L. Junga. He deposited the case property alongwith relevant documents with F.S.L. Junga. 11. PW-6, HHC Uttam Singh deposed that on 22.4.2012 he alongwith HHG Narotam Ram and ASI Sunil Kumar were going in a VIP duty towards Manikaran side in the government vehicle. They received a telephone direction from SHO at Sarsari that a pilot vehicle alongwith police officials was already deputed with the concerned VIP and they were directed to come back and were deputed for traffic checking. They started checking vehicles at a place known as Chila-aage. During traffic checking, C. Vishwanath and HHG Gurdial also reached on spot on government motor cycle. At about 1.00 p.m., a vehicle No. DL-9CR-8410 Swift Desire white in colour came from Manikaran side and was signalled to stop. The occupants of the vehicle were directed to produce the documents. The driver of the vehicle produced original copy of RC and photocopy of insurance. Names and addresses of the accused were ascertained. At about 1.00 p.m., a vehicle No. DL-9CR-8410 Swift Desire white in colour came from Manikaran side and was signalled to stop. The occupants of the vehicle were directed to produce the documents. The driver of the vehicle produced original copy of RC and photocopy of insurance. Names and addresses of the accused were ascertained. During the search of the vehicle, I.O. noticed that left side of door of the vehicle was bulging out and on checking of this door, five packets were recovered, out of which two were black in colour, one brown and other two were transparent polythene packets. On checking these packets, charas was found. It weighed 2.177 kgs. Charas so recovered alongwith wrappers was kept in a cloth parcel. The parcel was sealed with 8 seals of seal Z. Sample seal Z was separately drawn on cloth pieces, one of which is Ext. PW6/A. NCB forms were filled in triplicate. I.O. prepared Ruqa Ext. PW4/A. In his cross-examination, he deposed that distance between Chansari and Chila-aage is approximately 2 km. From a distance of approximately 200 metres towards Bhunter side, a road leads to village Fagu. He admitted that there are some houses near point of bifurcation of road to Fagu. He did not know the names of the owners of those houses. He was not aware of the shops of Lal Chand and Bir Singh sons of Chet Ram at Chilla-aage junction. He was not given any written order / direction by ASI to bring independent witnesses. He was not aware that any document was prepared on 20.4.2012 qua detention and arrest of accused Ravinder Kumar. He did not bring any seal. The seal was lost. Due to this reason, same could not be produced in the Court. He never reported to superiors nor lodged any report qua the missing of the seal. He has also admitted in the cross-examination that Manikaran road is quite busy road with tourist vehicles. He has also admitted that many vehicles of project and local persons ply throughout the year on the road. He also admitted that traffic Naka is always laid on a busy road. They had checked 8-10 vehicles before inspection of the vehicle of the accused persons. He also admitted that no effort was made by the I.O. to bring independent witnesses by deputing someone alongwith vehicle. He also admitted that traffic Naka is always laid on a busy road. They had checked 8-10 vehicles before inspection of the vehicle of the accused persons. He also admitted that no effort was made by the I.O. to bring independent witnesses by deputing someone alongwith vehicle. He has also admitted that while conducting proceeding, some vehicles crossed by however, they were not stopped to join as independent witnesses. 12. PW-7 Gian Chand deposed that on 22.4.2012, he was officiating as MHC. On 22.4.2012 at about 6.05 p.m., SHO PS Kullu deposited a parcel with him sealed with 8 seals of seal Z and four seals of seal M stated to be containing 2.177 kg charas alongwith form NCB I in triplicate and samples of seal Z and M. 13. PW-8 Sunil Kumar has also deposed the manner in which accused were intercepted on 22.4.2012. He has also deposed the manner in which the contraband was recovered and seized. He prepared Ruqa Ext. PW4/A. He also prepared spot map Ex. PW8/A. He produced before SHO Police Station Kullu the case property. He prepared special report Ext. PW2/A and same was produced before A.S.P. Kullu. He has taken the accused Chirag Grover to the Hotel where he alongwith accused Ravinder had stayed. In his cross-examination he deposed that Police Station Kullu and Chilla-aage is approximately 16 kms. He was attached with Police Station kullu since November 2011. He was not aware that there was shop of two brothers known as Lal Chand and Bir Singh at Chilla-aage junction. Volunteered that there was no house at the distance of 200-300 meters at the spot. He has not deputed any police official to bring independent witnesses in a government vehicle. He also admitted that Manikaran road is a quite busy road. 14. PW-9 LHC Tarsem Singh has proved Ext. PW-9/A and Ex. PW9/B. 15. PW-10 Uttam Singh has deposed that accused Chirag Grover, in police custody, identified Room No. 402. Panna Lal, owner of the guest house identified accused. Recovery has been made on 22.4.2012 at about 1.00 p.m. Manikaran road is a busy road. Even as per statement of PW-6, Uttam Singh and PW-8 Sunil Kumar. PW-6, Uttam Singh has admitted in his cross-examination that vehicles of Project and local people ply on this road throughout the year. He also admitted that traffic Naka is laid on a busy road. Even as per statement of PW-6, Uttam Singh and PW-8 Sunil Kumar. PW-6, Uttam Singh has admitted in his cross-examination that vehicles of Project and local people ply on this road throughout the year. He also admitted that traffic Naka is laid on a busy road. He also admitted that no effort was made by the I.O. to bring independent witnesses by deputing someone alongwith vehicle. 16. PW-8 Sunil Kumar has also admitted in his cross-examination that he has not deputed any police official to bring any independent witnesses in a government vehicle. Police ought to have joined independent witnesses at the time of recovery and seizure of the contraband. It has also come in the statement of PW-6 that there were some houses near the point of bifurcation of the road to Fagu. 17. PW-6 in his cross-examination has also deposed that they were not given any written directions or oral directions by PHS to bring any independent witnesses. It is now a settled law that statements of official witnesses can be relied upon if these are consistent and inspire confidence. However, in the instant case, no efforts, whatsoever, were made by the police to examine independent witnesses though available in the vicinity. 18. Recovery has been effected on 22.4.2012, however, in Ext. PW-6/B, i.e. seizure memo, the date of recovery is shown as 20.4.2012. Similarly in arrest memo Ext. PW8/D and Ext. PW8/E, date of arrest has been shown as 20.4.2012. Moreover, signatures of the accused Ravinder were not found on the register and there was over-writing at the time of departure in the hotel register. It casts serious doubts on the prosecution version. 19. Accordingly, in view of the analysis and discussion made hereinabove, the appeals are allowed. Judgment of conviction and sentence dated 21.3.2013/22.3.2013 passed by learned Special Judge, Kullu, HP in Sessions Trial No. 37/2012(RBT No. 111 of 2012) is set aside. Accused are acquitted of the charges framed against them. Fine amount, if any, already deposited by the accused is ordered to be refunded to them. Since the accused are in jail, they be released forthwith, if not required in any other case. 20. The Registry is directed to prepare the release warrants of the accused and send the same to the Superintendent of Jail concerned in conformity with this judgment forthwith.