JUDGMENT : Rajiv Sharma, J. This appeal is instituted against Judgment dated 17.9.2014 rendered by learned Special Judge-II, Solan, District Solan, Himachal Pradesh in Sessions Trial No. 3-S/7 of 2013, whereby appellant-accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act' for convenience sake), has been convicted and sentenced to undergo ten years rigorous imprisonment and to pay a fine of Rs.1.00 Lakh, in default of payment of fine, to further undergo simple imprisonment for one year. 2. Case of the prosecution, in a nutshell, is that HC Ambi Lal (PW-11) was posted as Investigating Officer, SIU Solan. On 20.2.2013, he alongwith police personnel was on patrolling and traffic checking towards Chambaghat, Salogra and Kandaghat. Police party was present at Chambaghat near police assistance booth when a bus bearing Registration No. HP-03B-6142 came from Shimla, which was going to Delhi. It was stopped for checking. All passengers were informed that they should take control of their luggage. HC Ambi Lal started checking bus from front side and when he reached near Seat No. 38, accused was found sitting on seat No. 38 carrying one black coloured rucksack having two strings. Daulat Ram (PW- 3) and Sunil Kumar (PW-2), Conductor were associated as independent witnesses. Bag was checked. It contained Charas. It weighed 2.520 kgs. Sealing process was completed at the spot. 5 seals of ‘M’ were put on the packet. Sample seal was handed over to the witness Daulat Ram. Rukka Ext PW-11/A was scribed. It was sent to the Police Station through Constable Pawan Kumar, PW-1. He handed over the Rukka to the SHO Krishan Chand. Thereafter, FIR Ext. PW-6/A was registered. Case property was brought to the Police Station by the IO. He handed over the same to SHO Krishan Chand, who resealed the parcel with 5 seals of ‘D’ and filled up necessary columns of NCB form, Ext. PW-10/C and embossed seal ‘D’ on it and issued resealing certificate of case property, Ext. PW- 10/D. Case property was sent to FSL Junga. Report of FSL is Ext. PX. Matter was investigated. Challan was put up in the Court after completing all codal formalities. 3. Prosecution has examined as many as 11 witnesses to prove its case against the accused. PW- 10/D. Case property was sent to FSL Junga. Report of FSL is Ext. PX. Matter was investigated. Challan was put up in the Court after completing all codal formalities. 3. Prosecution has examined as many as 11 witnesses to prove its case against the accused. Accused was also examined under Section 313 Code of Criminal Procedure. He pleaded innocence. Accused was convicted as noticed above. Hence, this appeal. 4. Mr. Abhishek Kaushik, Advocate has vehemently argued that the prosecution has failed to prove its case against the accused. 5. Mr. Ramesh Thakur, Assistant Advocate General, has supported the judgment of conviction. 6. We have heard the learned counsel for the parties and also gone through the record carefully. 7. PW-1 C. Pawan Kumar deposed that on 20.2.2013, he was member of a patrolling party. They were standing at Chambaghat near Police Assistance Room. HRTC Bus bearing registration No. HP-03B-6142 came from Shimla side. It was going to Delhi. Bus was signalled to stop. He alongwith Ambi Lal, Ram Lal and Constable Bhupender boarded the bus for checking. HC Ambi Lal asked the passengers to take control of their luggage. He searched the baggage from the front side. When he reached near Seat Nos. 37, 38 and 39, a person sitting in Seat No. 38 was found carrying a black coloured rucksack. On search of bag, a grey coloured shawl was taken out and in that shawl was a transparent polythene packet. The packet contained Charas. Driver and Conductor of the bus were also associated. Charas was weighed. It weighed 2.520 kgs. Recovered charas was put in the same polythene packet and packed in cloth parcel. Parcel was sealed with five seal impressions of seal ‘M’. NCB form was filled up. Case property was produced while recording statement of PW-1 Constable Pawan Kumar. 8. PW-2 Sunil Kumar deposed that search was started from the front side. When police reached Seat No. 38, a passenger was sitting. A bag was found on the rack. Police asked who owned the bag. Person who was sitting in seat No. 38, told that it belonged to him. Police took the bag and opened it. It contained Charas. It weighed 2.520 kgs. He was declared hostile and in his cross-examination he categorically deposed that he did not see that bag was with accused when he boarded the bus at Shimla Bye-pass. Person who was sitting in seat No. 38, told that it belonged to him. Police took the bag and opened it. It contained Charas. It weighed 2.520 kgs. He was declared hostile and in his cross-examination he categorically deposed that he did not see that bag was with accused when he boarded the bus at Shimla Bye-pass. He was also crossexamined by the advocate appearing on behalf of the accused. He deposed that he was standing near rear door when proceedings were conducted by the police. Racks were full with luggage. There was luggage in the space between two sides of seats. When the bag was taken out by police, he was standing at rear door. 9. PW-3 Daulat Ram deposed that the bus was stopped by the police. They entered the bus and asked the passengers to take control of their luggage. One bag was lying on the rack. It was taken by the police. He was declared hostile. In his cross-examination he admitted that accused was sitting on Seat No. 38. He denied the suggestion that the accused was holding bag Ext. P4 in his lap when police asked the passengers to take control of their luggage. 10. PW-4 HC Hardev Singh is a formal witness. 11. PW-5 Sanjeev Kumar deposed that MHC Narinder Prakash of Police Station Sadar gave one sealed parcel with seals of ‘M’ and ‘D’, docket vide receipt No. 213/12-13 to be deposited with FSL. He deposited the same with FSL Junga on the same day. 12. PW-6 C. Fyaz Khan, PW-7 HHC Hem Raj and PW-8 Pradeep Kumar, are formal witnesses. 13. PW-9 Narinder Prakash deposed that on 20.2.2013, ASI Krishan Chand deposited sealed parcel with 5 seals of ‘M’ and ‘D’, specimen of seals and impressions, NCB form in triplicate and a black coloured rucksack. He made necessary entry in the Malkhana Register at Sr. No. 860/13. Photocopy of same is Ext. PW-9/A. On 22.2.2013, he handed over case property to Sanjeev Kumar against receipt No. 213. 14. PW-10 ASI Krishan Chand deposed that he was officiating SHO. On 20.2.2013, HC Ambi Lal handed over sealed parcel having 5 seals of ‘M’, specimen impression thereof, NCB form, seizure memo and Ext. P4 containing shawl. He resealed the parcel with 5 seals of ‘D’. Thereafter he also filled in necessary columns of NCB form, Ext. PW-10/C. He prepared certificate Ext. PW-10/D. 15. On 20.2.2013, HC Ambi Lal handed over sealed parcel having 5 seals of ‘M’, specimen impression thereof, NCB form, seizure memo and Ext. P4 containing shawl. He resealed the parcel with 5 seals of ‘D’. Thereafter he also filled in necessary columns of NCB form, Ext. PW-10/C. He prepared certificate Ext. PW-10/D. 15. PW-11 Ambi Lal deposed the manner in which accused was apprehended and codal formalities of seizure and sampling were completed at the spot. According to him, when he reached seat No. 38, he found one young man sitting on seat No. 38 carrying one black coloured rucksack which was having three chains, one pocket was without chain on the side of it. He also admitted in his cross-examination that other bags were also lying in the rack of the bus. 16. Case of the prosecution, in a nutshell, is that on 20.2.2013, bus travelling from Shimla to Delhi was stopped at Chambaghat. Accused was sitting in Seat No. 38. He was carrying a rucksack /bag in his lap. Bag was opened. It contained charas. Sealing process was completed at the spot. Thereafter, case property was taken to the Police Station. It was resealed by the SHO. It was deposited in the Malkhana and was sent for chemical analysis at FSL Junga. 17. PW-1 Pawan Kumar has categorically deposed that accused was having a black coloured Pithoo (bag) in his lap. PW-11 Ambi Lal has also deposed that he found one young man sitting in Seat No. 38 carrying one bag (Pithoo) . However, PW-2 Sunil Kumar, independent witness associated by the police, has deposed that the bag was lying on the rack and police asked who owned the bag and person in Seat No. 38 said that it belonged to him. Further, he categorically deposed as noticed by us herein above, that he did not see the accused carrying the bag when he boarded the bus at Shimla. PW-3 Daulat Ram was declared hostile. According to him also, one bag was lying on the rack. In his cross-examination, he has deposed that though accused was sitting in Seat No. 38, but it was wrong that he was holding bag, Ext. P4 in his lap when police asked the passengers to take control of their luggage. PW-11 Ambi Lal has also admitted that other bags were also lying on the rack. In his cross-examination, he has deposed that though accused was sitting in Seat No. 38, but it was wrong that he was holding bag, Ext. P4 in his lap when police asked the passengers to take control of their luggage. PW-11 Ambi Lal has also admitted that other bags were also lying on the rack. There is material contradiction in the statements of official witnesses and independent witnesses whether rucksack was found in the lap of accused or it was lying on rack. According to PW-11 Ambi Lal, conductor of Bus was standing near front door at the time of checking of bus. However, PW-2 Sunil Kumar, Conductor of bus, has categorically deposed that he was standing at rear door of the bus when proceedings were conducted by the Police. Case property was produced before the Court by the leaned Public Prosecutor while recording the Statement of PW-1. Who has brought the case property from Malkhana to the Court has not been proved. The entry in the Malkhana register to this effect that who has taken the property, is necessary as per Punjab Police Rules. Para 22.70 of the Punjab Police Rules, 1934, as applicable to the State of H.P. reads as under: “22.70. Register No. XIX- This register shall be maintained in Form 22.70. With the exception of articles already included in register No. XVI every article placed in the store-room shall be entered in this register and the removal of any such article shall be noted in the appropriate column. The register may be destroyed three years after the date of the last entry.” The register is to be maintained in Form 22.70. It reads as under. “FORM NO. 22.70. POLICE STATION_________ ____DISTRICT Register No. XIX.-Store-Room Register (Part-I) Column 1.- Serial No. 2. No. of first information report (if any), from whom taken (if taken from person), and from what place. 3. Date of deposit and name of depositor. 4. Description of property. 5. Reference to report asking for order regarding disposal of property. 6. How disposed of and date. 7. Signature of recipient (including person by whom dispatched). 8. Remarks. (To be prepared on a quarter sheet of native paper).” 18. There is entry that case property was entered in Malkhana Register Ext. 4. Description of property. 5. Reference to report asking for order regarding disposal of property. 6. How disposed of and date. 7. Signature of recipient (including person by whom dispatched). 8. Remarks. (To be prepared on a quarter sheet of native paper).” 18. There is entry that case property was entered in Malkhana Register Ext. PW-9/A and when it was sent to FSL Junga, but there is no entry when the case property was brought from Malkhana to be produced in the Court. Moreover, there is no DDR when the case property was taken out from the Malkhana to be produced before the Court and when it was taken back to be re-deposited in the Malkhana. In NDPS cases, it is mandatory to keep the case property safe from the time of seizure till its production before the Court. Thus, it casts doubt whether it is the same case property which was seized from the accused and sent to FSL Junga or it was case property of some other case. 19. Accordingly, the present appeal is allowed. Judgment dated 17.9.2014 rendered by learned Special Judge- II, Solan, District Solan, Himachal Pradesh in Sessions Trial No. 3-S/7 of 2013, is set aside. Accused is acquitted of the offence under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985. The accused is ordered to be released forthwith, if not wanted by the police in any other case. Fine amount, if any deposited by the accused, be also refunded to him. Registry is directed to prepare the release warrant of the accused and send the same to the concerned Superintendent of Jail immediately.