JUDGMENT : Rajiv Sharma, J. This appeal is instituted against Judgment dated 20.5.2014/21.5.2014 rendered by learned Special Judge, Chamba Division Chamba (HP) in Sessions Trial No. 2/2013 (45/2013), 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 rigorous imprisonment for ten years and to pay a fine of Rs.1.00 Lakh, and in default of payment of fine, to further undergo simple imprisonment for one year. 2. Case of the prosecution, in a nutshell, is that on 6.12.2012 Inspector /SHO Jagdish Chand of Police Station Khairi alongwith other police officials had gone to attend a police meeting at village Brangal. At 10.15 am, when police officials arrived at village Taleru Rain Shelter Dralka, accused was noticed alighting from HRTC Bus and going towards Rain Shelter Dralka. He was having a Pithu Bag on his back. On seeing the police officials, he started running towards village Dralka, which raised suspicion. He was overpowered. Accused was apprised of his legal right to be searched before a Magistrate or equivalent Gazetted Officer. Accused told that that he wanted to be searched before a Gazetted Officer. Accordingly, Kulwant Singh, Additional Superintendent of Police, who happened to be on tour to police post Brangal, was requested over mobile phone to come to the spot and conduct search of the accused. Kulwant Singh reached the spot. He informed the accused to be searched by the police and accused consented to be searched before him in the presence of witnesses. Kulwant Singh alongwith other police officials gave his personal search to the accused and thereafter Jagdish Chand conducted the search of the accused and Pithu Bag. Pithu bag was searched. It contained Charas. It weighed 3.800 kgs. Recovered Charas was put back in the polythene envelopes and Pithu bag and same was packed in a parcel sealed with six seals of ‘M’. IO filled up NCB form in triplicate and affixed seal impression ‘M’ on it. Sample seal was taken and same after use was handed over to Tara Chand. Rukka was prepared. It was sent to the Police Station Chamba through Constable Naresh Kumar. FIR was registered. IO filled up NCB form in triplicate and affixed seal impression ‘M’ on it. Sample seal was taken and same after use was handed over to Tara Chand. Rukka was prepared. It was sent to the Police Station Chamba through Constable Naresh Kumar. FIR was registered. Case property was produced before ASI Prabhat Nanda, officiating SHO, who resealed the same with six seals of ‘K’. He deposited the case property with MHC Vijay Kumar, who made necessary entry in the Malkhana Register. Case property alongwith docket and documents was sent to FSL Junga for chemical analysis through HHC Veer Singh vide RC No. 81/2012. Investigation was completed. Challan was put up in the Court after completing all codal formalities. 3. Prosecution has examined as many as 17 witnesses to prove its case against the accused. Accused was also examined under Section 313 Code of Criminal Procedure. His case was of denial simpliciter. Accused was convicted as noticed above. Hence, this appeal. 4. Mr. Vinay Thakur and Mr. Brij Chauhan, Advocates, have 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 Anil Kumar deposed that on 6.12.2012, he was present in his shop. At 11.15 am, one constable came to his shop and asked for weights and scale. He gave them to him. After some time, he returned the same to him. 8. PW-2 Moti Singh deposed that the accused was produced before him. His name and parentage was asked. He was declared hostile. 9. PW-3 HC Rajinder Kumar is a material witness. According to him, at 10.15 am, when he reached rain shelter Taleru, one HRTC bus bearing No. HP38B-4235 passed and a person alighted from that bus. He was carrying a Pithu bag on his back and was going towards the rain shelter. On seeing police vehicle, he got perplexed and tried to run away. SHO got suspicious. Accused was nabbed. SHO disclosed to the accused that they were having suspicion that he may be having narcotic substance. Accused was apprised of his legal right to be searched before a Magistrate or a Gazetted Officer. A memo Ext. PW-3/A was prepared to this effect. SHO got suspicious. Accused was nabbed. SHO disclosed to the accused that they were having suspicion that he may be having narcotic substance. Accused was apprised of his legal right to be searched before a Magistrate or a Gazetted Officer. A memo Ext. PW-3/A was prepared to this effect. Accused disclosed that he intended to be searched before a Gazetted Officer. Kulwant Singh, Additional Superintendent of Police was informed and it was disclosed that accused intended to give personal search to him. Memo Ext. PW-3/B was prepared to this effect. On search of Pithu bag of accused, polythene envelope was recovered. On checking of said polythene envelope, another envelope containing black sticks was recovered. It was found to be Charas. It weighed 3.800 kg. Charas was again put in same envelope and envelope was put in bag, which was put in parcel and six seals of ‘M’ were put on parcel. NCB form was filled up. Seal was handed over to Tara Chand after use. Parcel was taken into possession vide seizure memo Ext. PW-3/E. Case property was produced while recording statement of PW-3 Rajinder Kumar. In his crossexamination, he has categorically deposed that Charas was seized at 12.15 pm. He also deposed that till seizure of Charas, consent memo, memo regarding personal search of police personnel and police vehicle were already prepared. 10 minutes were consumed in preparing consent memo and 15 minutes each were consumed for preparing memo regarding personal search of police officials and police vehicle. In his cross-examination, he has reiterated that the Charas was recovered from accused at 12.15 pm. 10. PW-4 Kulwant Singh deposed that at about 10.30 am, SHO Jagdish Chand of Police Station Khairi informed on mobile that one person had been apprehended at place Dralka and he has suspicion that he might be carrying some narcotic substance. Accused person wanted to give personal search before a Gazetted Officer. He requested him to come to the spot. Kulwant Singh went to the spot at Dralka rain shelter. On being asked by him, he consented to be searched before him. A consent memo Ext. P-3/B was prepared to this effect in the presence of Rajinder Kumar and Tara Chand. He got effected the search of police personnel and police vehicle. SHO searched the bag. It contained Charas. Charas weighed 3.800 kgs. On being asked by him, he consented to be searched before him. A consent memo Ext. P-3/B was prepared to this effect in the presence of Rajinder Kumar and Tara Chand. He got effected the search of police personnel and police vehicle. SHO searched the bag. It contained Charas. Charas weighed 3.800 kgs. In his cross-examination, he has admitted that he reached the spot at 10.45-50 am. 11. PW-5 LHC Daulat Ram deposed that Jagdish Chand deputed him to bring weights and scale. He brought the same from the shop of Anil Kumar and handed over the same to SHO Jagdish Chand. 12. PW-6 Constable Hoshiar Singh deposed that SHO Jagdish Chand handed over Rukka Mark A.1 for registration of case. He took the same and handed over to ASI Prabhat Nanda. 13. PW-7 Sanjiv Kumar, deposed that Jagdish Chand handed one parcel sealed with 6 seals of ‘M’ containing 3.800 kg Charas to ASI Prabhat Nanda for the purpose of resealing alongwith NCB form in triplicate and seal impression ‘M’. ASI Prabhat Nanda resealed the same with six seals of seal impression ‘M’ vide resealing memo Ext. PW-7/A. 14. PW-8 Naresh Kumar, PW-9 Kartar Singh, PW-10 Subhash Chand and PW-11 Kusam Lata, are formal witnesses. 15. PW-12 Vijay Kumar deposed that on 6.12.2012, ASI Prabhat Nanda deposited one cloth parcel sealed with six seal impressions of ‘M’ and 6 seal impressions of ‘K’ alongwith NCB forms, specimen seals of ‘M’ and ‘K’ and he entered the same in the register No. 19 at Sr. No. 35. On 7.12.2012, aforesaid articles were sent vide RC No. 81/12 through HHC Veer Singh to FSL Junga. Veer Singh deposited the same and returned the receipt. He proved abstract of Malkhana Register Ext. PW-12/A. In his cross-examination, he has admitted that as per Malkhana Register, no NCB form was deposited with him. 16. PW-13 Veer Singh has deposed that on 7.12.2012, HC Vijay Kumar at 3.15 pm, handed one parcel containing 3.800 kgs Charas, which was sealed with six seals of ‘M’ and six seals of ‘K’, specimen seals vide RC No. 81/12 for being deposited at FSL Junga. He deposited the same at FSL Junga on 10.12.2012 and returned and handed over receipt to SHO Krishan Chand. He deposited the case property at 1.30 pm. He deposited the same at FSL Junga on 10.12.2012 and returned and handed over receipt to SHO Krishan Chand. He deposited the case property at 1.30 pm. He has further admitted in his cross-examination that 8th and 9th December, 2012 were holidays so he could not deposit the case property on the same day. 17. PW-14 ASI Prabhat Nanda has made deposition about the manner in which Rukka was received, FIR was registered. He has done resealing of the case property vide reseal memo Ext.PW-7/A. 18. PW-15 Tara Chand has proved Ext. PW-3/A and Ext. PW-3/B as well as Ext. PW-3/C. 19. PW-16 Lal Singh is a formal witness. 20. PW-17 Jagdish Chand is the IO. He deposed the manner in which accused was apprehended on 6.12.2012 and search, seizure and sealing process was completed on the spot. Rukka was prepared. NCB form was filled up. Rukka was sent to the Police Station vide Ext. PW-17/A. Pithu bag was searched. 21. According to PW-3, Rajinder Kumar, Charas was seized at 12.15 pm. Date, time and place of seizure as per NCB form Ext. PW-14/C is 10.15 am. PW-4 Kulwant Singh, in his cross-examination, has admitted that he reached the spot at 10.45-50 am. According to the prosecution case, accused wanted to be searched before a Gazetted Officer. IO contacted PW-4 Kulwant Singh. Kulwant Singh came to the spot and thereafter search memo Ext. PW-3/A and Ext. PW-3/B were prepared. Since PW-4 has come at 10.45-50 am, date, time and place of seizure could not be 10.15 am. It is thus evident that NCB form was already prepared before the arrival of the PW-4, Kulwant Singh. Prabhat Nanda was officiating SHO. At 2.10 pm, Constable Hoshiar Singh brought Rukka to him. On the same day, at about 5.45 pm, SHO Inspector Jagdish Chand produced before him one parcel containing 3.800 kgs Charas alongwith sample of seals, NCB form and case file. He resealed the same vide reseal memo Ext. PW-7/A. Thereafter, he deposited the case property alongwith NCB form, sample seals etc. in the Malkhana with MHC Vijay Kumar. However, Vijay Kumar, when examined as PW-12, has categorically admitted that in Malkhana Register no NCB form was deposited with him. PW-12 Vijay Kumar deposed that on 7.12.2012, he has sent case property vide RC No. 81/2012 through HHC Veer Singh to FSL Junga. in the Malkhana with MHC Vijay Kumar. However, Vijay Kumar, when examined as PW-12, has categorically admitted that in Malkhana Register no NCB form was deposited with him. PW-12 Vijay Kumar deposed that on 7.12.2012, he has sent case property vide RC No. 81/2012 through HHC Veer Singh to FSL Junga. PW-13 Veer Singh deposed that he was handed over case property on 7.12.2012 at 3.15 pm for depositing with FSL Junga. He deposited the same at FSL Junga on 10.12.2012. In his cross-examination, he has admitted that he could not deposit the case property from 3.15 pm on 7.12.2012 to 1.30 am on 10.12.2012. In case, there were holidays on 8th and 9th December, 2012, he should have deposited the case property in any of the police stations enroute to FSL Junga to ensure its safety. It has not come on record where the case property remained from 7.12.2012 to 10.12.2012. Case property was produced for the first time while recording statement of PW-3 Rajinder Kumar. It was produced by learned Public Prosecutor. 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 a 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).” 22. 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).” 22. 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 property which was seized from the accused and sent to FSL Junga or it was case property of some other case. 23. Accordingly, the present appeal is allowed. Judgment dated 20.5.2014/21.5.2014 rendered by learned Special Judge, Chamab Division Chamba (HP) in Sessions Trial No. 2/2013 (45/2013), 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.