JUDGMENT : Rajiv Sharma, J. The instant appeal has been instituted against Judgment dated 20.5.2015 rendered by learned Special Judge-I, Sirmaur District at Nahan, HP in Sessions Trial No. 07-ST/7 of 2014, 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. 1,00,000/-, and in default of payment of fine, to further undergo simple imprisonment for six months, for commission of offence under Section 20(b)(ii)(C) of the Act. 2. Case of the prosecution, in a nutshell, is that on 23.2.2014 at about 9.30 am, PW-9 ASI Jeet Ram alongwith PW-1 HHC Harender Singh, PW-8 HHC Ramesh Chand driver of Government vehicle No. HP-17B-1222 and Constable Raj Kumar was present at Shaya Ghat in connection with patrolling and Naka duty. They had checked about seven vehicles. A motor-cycle bearing registration No. CH-01-AV-8182 being driven by accused Kamaljeet came from Neripul side towards Sanora, which was signalled to stop. Accused had put on a black and brown check blanket and also kept one white coloured bag Ext. P-2 in between his legs and petrol tank of the motor cycle. PW-9 ASI Jeet Ram touched the bag and found something in the shape of sticks and balls in the bag and on opening the bag one another blue coloured bag Ext. P5 was found inside that white bag. PW-9 opened the blue coloured bag and found one plastic packet Ext. P4 inside it, wrapped with cello tape. In that plastic packet Ext. P4, Charas Ext. P5 was found in the shape of sticks and balls. It weighed 1.980 kg. Sealing process was completed on the spot. Case property was put in a cloth parcel Ext. P1, which was sealed with seal impression ‘K’. Sample seal Ext. PE was drawn on a separate cloth piece, on which PW-1 and PW-7 put their signatures besides the accused. Motor-cycle was taken into possession. NCB form Ext. PW-3/D was filled in triplicate, on the spot. Rukka was prepared and sent to the police station, Rajgarh, for registration of FIR Ext. PB. Sample seal Ext. PE was drawn on a separate cloth piece, on which PW-1 and PW-7 put their signatures besides the accused. Motor-cycle was taken into possession. NCB form Ext. PW-3/D was filled in triplicate, on the spot. Rukka was prepared and sent to the police station, Rajgarh, for registration of FIR Ext. PB. PW-9 handed over the case property alongwith NCB form, sample seal and connected documents with MHC Parshotam Singh in safe condition. PW-3 MHC Parshotam Singh filled in columns No. 10 and 12 of the NCB form Ext. PW-3/D in triplicate. He made endorsement Ext. PW- 3/E. Investigation was completed and Challan was put up in the Court after completing all codal formalities. 3. Prosecution has examined as many as 9 witnesses to prove its case against the accused. Accused was also examined under Section 313 CrPC. He denied the case of the prosecution. Trial Court convicted and sentenced the accused as noticed herein above. Hence, this appeal. 4. Mr. T.S. Chauhan, Advocate, has vehemently argued that the prosecution has failed to prove its case against the accused. 5. Mr. M.A. Khan, Additional Advocate General, has supported the judgment of conviction dated 20.5.2015. 6. We have heard the learned counsel for the parties and also gone through the record carefully. 7. PW-1 HHC Harender Singh deposed that at about 9.30 am on 23.2.2014, a motorcycle came from Neripul side towards Sanora. It was signalled to stop. Rama Nand was present at the spot. Accused Kamaljeet was riding the motorcycle. Accused was putting on a black and white check blanket. He had kept one white coloured bag in between his legs and petrol tank. Bag was opened. It contained charas. It weighed 1.980 kgs. Sealing process was completed. Parcel was sealed with seal impression ‘K’ at 9 places. Sample seal was drawn on a separate piece of cloth. Seal was handed over to witness Rama Nand. Investigating Officer also filled up NCB form in triplicate. He prepared Rukka Ext. PA. It was handed over to him to be taken to the Police Station Rajgarh. He handed over the same to MHC Purshotam Singh, who recorded FIR Ext. PB. Personal search of the accused was conducted after his arrest. While recording statement of PW-1 Harender Singh, case property was produced in the Court. Parcel was permitted to be opened by the learned Public Prosecutor. He handed over the same to MHC Purshotam Singh, who recorded FIR Ext. PB. Personal search of the accused was conducted after his arrest. While recording statement of PW-1 Harender Singh, case property was produced in the Court. Parcel was permitted to be opened by the learned Public Prosecutor. In his crossexamination, he has admitted that they have checked vehicles at Sanora chowk. He admitted that there is a tea-stall at Sanora Chowk, which belongs to one Kuldeep. 8. PW-2 SI Sucha Singh deposed that he remained posted as SI /SHO Rajgarh from July 2013 to July, 2014. 9. PW-3 Purshotam Singh deposed that on 23.2.2014, HHC Harender Singh brought Rukka Ext. PA to Police Station Rajgarh. He registered FIR Ext. PB. ASI Jeet Ram handed over parcel Ext. P1, which was properly intact with seal ‘K’ at 9 places, alongwith sample seal Ext. PE, NCB form in triplicate, alongwith other connected documents and motorcycle No. CH-01-AV-8182. ASI Jeet Ram also deposited a blanket, one purse. He put entry of the above said parcel Ext. P1 and articles in Malkhana Register at Sr. No. 303 and No. 304 dated 23.2.2014 vide Ext. PW-3/B and PW-3/C. He brought the original Malkhana register to the Court. He filled up column Nos. 10 and 12 of NCB form Ext. PW-3/E. He handed over parcel Ext. P1 alongwith sample seal and other connected documents to Constable Shrikant on 24.2.2014 for depositing with FSL Junga. He deposited the same at FSL Junga. In his cross-examination, he has admitted that no resealing was done in case FIR NOs. 15/14 and 16/14 dated 23.2.2014. 10. PW-4 Shrikant deposed that MHC Purshotam of Police Station had handed over to him case property of FIR Nos. 15/14, 16/14 and 17/14 vide RC No. 108/13-14 alongwith connected documents. He deposited the same with FSL Junga. 11. PW-7 Rama Nand is the independent witness. He deposed that on 23.2.2014, he had gone to Rajgarh due to personal work. At about 3 pm, police met him in Rajgarh Bazaar. He was taken to the Police Station, Rajgarh. His signatures were obtained on blank papers. Nothing was recovered in his presence from the accused. No charas was recovered from the accused. He was declared hostile and cross-examined by the learned Public Prosecutor. He identified his signatures on Ext. PW-1/A and Ext. PE. He was taken to the Police Station, Rajgarh. His signatures were obtained on blank papers. Nothing was recovered in his presence from the accused. No charas was recovered from the accused. He was declared hostile and cross-examined by the learned Public Prosecutor. He identified his signatures on Ext. PW-1/A and Ext. PE. He further testified that he has not gone through the contents of the documents. He also denied that on 23.2.2014 at 9.30 am, he was present in his cowshed at Shaya Ghat. He deposed that portion ‘A’ to ‘A’ of his statement was not given to the police. He also denied that a person came on motorcycle from Neri Pul. He also denied that accused got checked documents of motorcycle. He also denied that on checking motorcycle, one white coloured bag was found in between the legs and fuel tank of the motorcycle hidden with blanket. He denied that some substance in the shape of sticks and balls was found. He denied that charas weighed 1.980 kgs. He also denied that seal after use was handed over to him. In his cross-examination by the learned defence Counsel, he has admitted that he has been citied as a witness by the police in a number of cases. His signatures were obtained on blank papers. 12. PW-8 Ramesh Chand deposed the manner in which accused was apprehended and search, sealing and seizure proceedings were completed at the spot. Rukka was prepared. It was sent to the Police Station, on the basis of which FIR was registered. 13. PW-9 ASI Jeet Ram is the Investigating Officer. He testified the manner in which accused was apprehended and search, sealing and seizure proceedings were completed at the spot. NCB form in triplicate was filled in. Rukka was prepared and sent to the Police Station for registration of FIR. On their arrival in the Police Station Rajgarh, he handed over case property alongwith NCB form, sample seal and other connected documents to the MHC Purshotam Singh in safe condition. 14. What emerges from the facts is that on 23.2.2014, accused was apprehended. His bag was searched. Contraband was recovered. It weighed 1.980 kg. Rukka was prepared and sent to the Police Station. Case property was sealed on the spot with 9 seals of seal impression ‘K’. 14. What emerges from the facts is that on 23.2.2014, accused was apprehended. His bag was searched. Contraband was recovered. It weighed 1.980 kg. Rukka was prepared and sent to the Police Station. Case property was sealed on the spot with 9 seals of seal impression ‘K’. However, fact of the matter is that case property was never produced before the SHO Sucha Singh by PW-2 Jeet Ram for resealing. Resealing is required to be done to ensure that the contraband was recovered from the conscious possession of accused and all the codal formalities were completed on the spot. PW-3 Purshotam Singh categorically admitted that no resealing was done in FIR No. 14/14 dated 23.2.2014. There is also no explanation why resealing was not done when SHO was present at the Police Station. SHO was required to fill up columns No. 9 to 11 of the NCB form, Ext. PW- 3/D. Columns No. 10 and 12 were filled up by MHC. It has come on record that police party has gone on patrolling duty . They checked many vehicles. It was not an isolated or secluded place. Police should have associated occupants of the vehicles plying through the Chowk. Prosecution has produced PW-7 Rama Nand as independent witness. He has not supported the case of the prosecution. He was declared hostile. According to him, his signatures were obtained on blank papers . Nothing was recovered from accused in his presence. No charas was recovered from Kamaljeet. Though he has admitted his signatures on Ext. PW-1/A and Ext. PE. He has also admitted in his cross-examination done by learned defence counsel that he was cited as a witness by the police in a number of cases and he was called by the police from the Bus Stand Rajgarh. His signatures were obtained on blank papers on 23.2.2014 at 3.00 pm. It was necessary for the police to associate independent witnesses to inspire confidence in the manner in which accused was apprehended and search, sealing and seizure proceedings were completed at the spot. Section 55 of the Narcotic Drugs & Psychotropic Substances Act, 1985 though directory in nature, its provisions are required to be followed scrupulously taking into consideration the stringent sentence under the Act. Section 55 of the Narcotic Drugs & Psychotropic Substances Act, 1985 though directory in nature, its provisions are required to be followed scrupulously taking into consideration the stringent sentence under the Act. In case, resealing is not undertaken as per Section 55 of the Act, doubt is created whether the sample sent for chemical examination was of the same article which was recovered and seized from the possession of accused persons or the vehicle. 15. Case property was produced while examining PW-1 Harender Singh, by the learned Public Prosecutor. Who has brought the case property from Malkhana to the Court has not been examined. Entry in the Malkhana register to the effect that who has taken the property to the Court, is necessary as per Punjab Police Rules, 1934. 16. It is necessary that as and when case property is taken out from Malkhana, necessary entry is required to be made in the Malkhana Register and also at the time when case property is redeposited in the Malkhana. Case property in NDPS cases is required to be kept in safe custody from the date of seizure till its production in the Court. It is also necessary that when case property is taken out from Malkhana, DDR is made and also at the time when case property is redeposited in the Malkhana. Thus, it casts doubt whether it is the same case property which was recovered from the accused and sent to FSL or it was case property of some other case. The prosecution has failed to prove case against the accused. 17. In view of the discussion and analysis made hereinabove, the present appeal is allowed. Judgment dated 20.5.2015 rendered by learned Special Judge-I, Sirmaur District at Nahan, HP in Sessions Trial No. 07-ST/7 of 2014 is set aside. Accused is acquitted of the commission of offence under Section 20(b)(ii)(C) of the Act. He is ordered to be released forthwith, if not required by the police in any other case. Fine amount, if any paid by the accused, be refunded to him. Registry is directed to prepare the release warrant of the accused and send the same forthwith to the Superintendent of Jail concerned forthwith.