JUDGMENT : SURESHWAR THAKUR, J. 1. The State of Himachal Pradesh is aggrieved by the findings of acquittal recorded in favour of the respondents/accused by the learned Special Judge, Shimla, Himachal Pradesh. Being aggrieved, it has sought the leave of this Court for instituting an appeal therefrom for assailing it. 2. Brief facts of the case are that on 22.10.2010, Sub Inspector Kamal Chand, Incharge SIU Shimla alongwith H.C. Manoj Kumar No. 47, H.C. Yashwant Singh No. 1674 and Constable Pawan Kumar No. 1213 were present at Cart Road near Gurudwara Singh Sabha, Shimla. The police party was there on patrolling duty and in order to detect the crime relating to narcotic etc. From the spot HHG Sunil Kumar No. 2/2-61 who, was on traffic duty, was also associated. I.O. had also associated two independent witnesses namely Kishori Lal and Dharam Singh on the spot. At about 3.30 P.M., they noticed a car No. HR-51U-0969 black coloured make Maruti Esteem coming from Lift side. The said vehicle was driven by its driver towards ISBT, Shimla. Sub Inspector Kamal Chand alongwith his other police officials stopped the vehicle on the basis of suspicion that said vehicle might be transporting some contraband in it. When the vehicle was stopped, the driver, on inquiry, had disclosed his name to be Harsh Sharma, S/o Sh. Om Parkash and the other person who was found sitting in the front seat disclosed his name to be Ashok Kumar (accused persons). The I.O. thereafter, given the option as per the provisions of Section 50 of the NDPS Act, in order to search the vehicle as well as search of accused. The police officials and independent witnesses have given their personal search to accused Harsh Sharma and Ashok Kumar but nothing incriminating was found from their personal search. Thereafter, vehicle was searched. During the search of vehicle aforesaid, a polythene envelop was found from the dashboard of the vehicle, upon which, the words ?Kishor Chand & Sons? were printed on. When the said envelop was opened another white colored polythene envelop was found. The said envelop was having two strings of red colored. In the said envelop, the charas, in the shape of sticks, was found. In the same envelop, another polythene wrapper was found, in which, the opium was found. Both the contraband were identified by S.I. Kamal Chand on the basis of his experience. The said envelop was having two strings of red colored. In the said envelop, the charas, in the shape of sticks, was found. In the same envelop, another polythene wrapper was found, in which, the opium was found. Both the contraband were identified by S.I. Kamal Chand on the basis of his experience. On weighment the charas were found to be 500 grams and opium was found to be 60 grams. During the personal search of accused Harsh Sharma, two mobile phones, one gun licence valid upto 31.3.2010 along with currency notes of Rs.10,000/- were found. Whereas, from the personal search of the accused Ashok Kumar, two mobile phones, one driving licence and a passport size photograph were found. The recovered charas and opium was put in the two separate parcels which were sealed with seal =N'. Similarly, other articles were also put in the separate parcel. The recovered charas, opium mobile phones which were put in the three separate parcels were taken into possession alongwith the papers of vehicle No. HR- 51U-0969 and photograph of acused Ashok Kumar. The vehicle was also taken into possession. I.O. also filled in the N.C.B. forms in triplicate. Thereafter, ruqua was sent for registration of the FIR, upon which, formal FIR was registered against the accused. Other codal formalities were completed in this case. The recovered contraband was sent for chemical analysis in the State Forensic Science Laboratory, Junga. On conclusion of the investigation into the offence allegedly committed by the accused, a report under Section 173 of the Cr.P.C. was prepared and filed in the Court. 3. The trial Court charged the accused for theirs committing offences punishable under Sections 18, 20 readwith section 29 of the Act to which they pleaded not guilty and claimed trial. 4. In order to prove its case, the prosecution examined as many as 15 witnesses. On closure of prosecution evidence, the statements of the accused under Section 313 Cr.P.C. were recorded, in which they pleaded innocence. On closure of proceedings under Section 313 Cr.P.C the accused were given an opportunity to adduce evidence in defence which they refused to avail. 5. The appellant-State is aggrieved by the judgment of acquittal recorded by the learned trial Court. Mr. On closure of proceedings under Section 313 Cr.P.C the accused were given an opportunity to adduce evidence in defence which they refused to avail. 5. The appellant-State is aggrieved by the judgment of acquittal recorded by the learned trial Court. Mr. Ramesh Thakur, learned Assistant Advocate General has concerted to vigorously contend before this Court qua the findings of acquittal recorded by the learned trial Court, being not based on a proper appreciation of evidence on record, rather, theirs being sequelled by gross mis-appreciation of material on record. Hence, he contends for leave being granted to the state of H.P to institute an appeal therefrom for assailing it. 6. We have heard the learned Assistant Advocate General at length and have also gone through the entire material on record. 7. Recovery of charas weighing 500 grams and opium weighing 60 grams stood respectively effected under recovery memos Ex. PW-7/F and PW-7/G from a polythene envelope kept on the dashboard of vehicle No. HR-51U-0969 occupied by both the accused at the relevant time. Even though the prosecution witnesses have deposed in tandem and in harmony qua each of the links in the chain of circumstances commencing from proceedings relating to search, seizure and recovery till the consummate link comprised in rendition of an opinion by the FSL on the specimen parcels sent to it for analysis, portraying proof of unbroken and unsevered links, in the entire chain of circumstances, hence it stands argued that given the factum of the prosecution case hence standing established, it would be legally unwise for this Court to acquit the accused. 8. Besides when the testimonies of the official witnesses, unravel the factum of theirs being bereft of any inter-se or intra-se contradictions hence, they too enjoy credibility for thereupon sustaining the recording of findings of conviction against the accused. Apparently, proof of the prosecution case is endeavored to be sustained on the strength of the unblemished testimonies of police witnesses. 8. Besides when the testimonies of the official witnesses, unravel the factum of theirs being bereft of any inter-se or intra-se contradictions hence, they too enjoy credibility for thereupon sustaining the recording of findings of conviction against the accused. Apparently, proof of the prosecution case is endeavored to be sustained on the strength of the unblemished testimonies of police witnesses. A close and studied perusal of the depositions of the police witnesses underscores the factum of theirs therein neither rendered any version qua the factum of recovery of the aforesaid items of contraband from the exclusive and conscious possession of the accused inconsistent with the manner thereof as recited in the F.I.R. for begetting a conclusion of hence their testimonies comprised in their respective examinations in chief being ridden with a vice of inter se contradictions vis-à-vis their testimonies comprised in their respective cross-examinations, rather lack of inconsistencies aforesaid render their respective testimonies on oath to be both unimproved as well as unblemished for hence implicit reliance being placed thereupon, nor when their depositions stand afflicted with any vice of intra se contradictions rather when they have deposed qua the manner of recovery of contraband aforesaid from the alleged conscious and exclusive possession of the accused bereft of any disharmony or inconsistency gives leverage to an inference of hence the prosecution succeeding in sustaining its charge against the accused of charas weighing 500 grams and opium weighing 60 grams respectively standing under the recovery memos aforesaid recovered from their conscious and exclusive possession while theirs concealing them in a polythene envelop kept on the dashboard of vehicle bearing registration No. HR-51U-0969 occupied by both at the relevant time. 9. 9. Even though the testimonies of the official witnesses who hence have proven the factum of recovery of the aforesaid items of contraband from the alleged conscious and exclusive possession of the accused while concealing them in a polythene envelop kept on the dashboard of the vehicle aforesaid occupied by both at the relevant time stand on a solemn legal pedestal, especially when their testimonies comprised in their respective examinations in chief are bereft of any taint of either inter se contradictions vis-à-vis their depositions comprised in their respective cross-examinations nor also when their testimonies stand un-ingrained with any vice of intra se contradictions necessarily when their testimonies inspire confidence reinforcingly render their testimonies being amenable to implicit reliance being placed thereupon for concluding qua the guilt of the accused. Nonetheless before proceeding to place implicit reliance upon their testimonies, it is imperative for this Court to gauge besides discern from the available evidence on record qua the highlighting of marked discrepancies in their respective testimonies besides of sharp discrepancies making pervasive inroads qua the veracity of the genesis of the prosecution version. In the event of this Court discerning on an incisive scrutiny of the depositions of the official witnesses of apposite proceedings standing launched and concluded at the site of occurrence with the simultaneous availability thereat of each of the prosecution witnesses it would stand goaded to conclude of the depositions of the official witnesses qua the initiation and conclusion of the apposite proceedings at the site of occurrence standing un-ingrained with any vice of falsity or prevarication. Contrarily on a close scrutiny of the depositions of the official witnesses unveiling a palpable disclosure of their simultaneous unavailability at the site of occurrence would constrain this Court to beget a conclusion therefrom of the entire prosecution version of the apposite proceedings standing initiated and concluded at the site of occurrence being in their entirety a concoction as well as an invention besides would succor a concomitant inference of their depositions being not amenable for implicit reliance being imputed thereupon. For rendering a determination qua the facets aforesaid an advertence to the testimony of PW-2 is imperative. She in her recorded deposition on oath has proved copy of Rapat Rojnamcha comprised in Ex. PW-2/A wherein no occurrence exists of PW-7 having departed from the security branch alongwith SI Kamal Chand. For rendering a determination qua the facets aforesaid an advertence to the testimony of PW-2 is imperative. She in her recorded deposition on oath has proved copy of Rapat Rojnamcha comprised in Ex. PW-2/A wherein no occurrence exists of PW-7 having departed from the security branch alongwith SI Kamal Chand. The non-occurrence of the name of PW-7 H.C Manoj Kumar in Ex. PW-2/A negates the testimony of PW-15 of the latter standing accompanied on 22.12.2010 by HC Yashwant Singh and HC Manoj Kumar and C Pawan Kumar at the stage of theirs purportedly performing patrolling duty at card road Shimla whereat the apposite proceedings stood initiated and concluded. With PW-2/A contradicting the deposition of PW-15 the Investigating Officer, of his at the apposite stage standing accompanied by HC Manoj Kumar sequels a conclusion, especially with PW-2/A standing proven by PW-2 besides when it constitutes the best evidence qua the departure of Manoj Kumar alongwith the investigating Officer from the security Branch, of PW-7 HC Manoj Kumar not simultaneously available alongwith the Investigating Officer at the site whereat the apposite proceedings stood launched and concluded. With the formation of the aforesaid inference the effect thereof is of the deposition of PW-7 being discardable, in proof of the prosecution case relating to search, seizure and recovery of the aforesaid items of contraband in the manner espoused by the prosecution. Further more, the purported association of PW-7 in the apposite proceedings appears to be in its entirety a contrivance of the Investigating Officer to camouflage the truth qua the occurrence or a stratagem deployed by him to smother the truth qua the genesis of the prosecution case of the apposite proceedings standing initiated and concluded at a place other than the one depicted in the FIR. Ensuably a colorable, invented besides a skewed proceedings qua recovery of items of contraband in the manner espoused by the prosecution renders the bedrock of the genesis of the prosecution case to stand foundered. 10. Dehors the above, the Investigating Officer in his deposition has admitted therein qua the non-scribing by him of documents Ex. PW-7/A to PW-7/G and rukka Ex. PW-15/B. However he has also proceeded to depose of contents thereof standing on his dictation scribed by an official, whose name however he omits to disclose. The cumulative effect of his deposing of his not scribing Ex. PW-7/A to PW-7/G and rukka Ex. PW-15/B. However he has also proceeded to depose of contents thereof standing on his dictation scribed by an official, whose name however he omits to disclose. The cumulative effect of his deposing of his not scribing Ex. PW-7/A to PW-7/G and PW-15/B whereas they on the latter's dictation standing scribed by an official whose name however he omits to disclose, is of the Investigating Officer cleverly feigning ignorance qua the personnel who on his dictation scribed the contents of the documents aforesaid for masking the place whereat they stood scribed which otherwise would have surfaced in the event of his naming the police official who on his dictation scribed the contents of the documents aforesaid. The arousal of the aforesaid inference lends sustenance to a deduction of an adverse inference being drawable against the prosecution of its actively suppressing besides concealing the site or location whereat the aforesaid documents stood prepared for obviously precluding the emergence of truth qua the location/site whereat they stood prepared, which evidence in case stood emerged would jettison the manner of espousal of the prosecution version. 11. Dehors the above a comparative reading of the depositions of PW-7 and PW- 15 lends aggravated momentum to the factum of both being simultaneously unavailable at the site of occurrence whereat the apposite proceedings stood initiated besides concluded especially when PW-7 though in the initial part of his deposition unveils the factum of PW- 7/A to PW-7/G and PW-15/B standing scribed on the spot by the Investigating Officer whereas on his being queried by the Court he unfolded therein the factum of theirs standing not scribed by the Investigating Officer. Now with PW-7 initially deposing qua PW-15 scribing them which factum stands contradicted by PW-15 whereas in the later part of his deposition on his being queried by the Court he disclosed the factum of PW-7 not scribing the contents thereof, cumulatively a wholesome reading of his deposition displays his equivocating qua the factum probandum of the author of the aforesaid documents. In sequel given the factum of the depositions of PW-7 and PW-15 being replete with rife intra-se contradictions as well as equivocations qua the person who scribed the aforesaid documents besides belying the factum of theirs simultaneous availability at the site of occurrence as espoused by the prosecution also while rendering their depositions qua the occurrence standing imbued with falsity necessarily too make a dent in the genesis of the prosecution version. 12. Cumulatively the factum of the apposite proceedings standing initiated besides concluded at the site of occurrence as projected by the prosecution stands enfeebled wherefrom a conclusion is drawable of the investigating officer holding/conducting them elsewhere with the ensuing effect of the prosecution version as embodied in the FIR foundering in its entirety. 13. The prosecution had canvassed qua the recovery of contraband aforesaid as disclosed in the FIR being a chance recovery hence there being no legal obligation enjoined upon the Investigating Officer to mete compliance to section 42 (2) of NDPS Act comprised in his taking down any information in writing of contraband being carried or transported in a vehicle and such information standing transmitted or purveyed within 72 hours to his official superior. However, the aforesaid espousal of the prosecution suffers a causality given the factum of stoppage by the Investigating Officer in broad day light at a busy thoroughfare of vehicle bearing registration No.HR-51U-0969. The selective spotting besides stopping of the aforesaid vehicle at the purported site of occurrence with its purportedly at the relevant time standing occupied by both the accused or its being singled out for stopping would not occur unless the Investigating officer had prior information of the accused while being aboard it carrying therein the items of contraband as purportedly stood recovered therefrom. Fortification to the inference aforesaid of the Investigating Officer holding prior information qua the carrying by the accused in the vehicle aforesaid, the aforesaid items of contraband, is lent by the deposition of PW-14 who therein has divulged the factum of when both him and Dharam Singh at about 3 p.m. were conversing near Cartroad Shimla whereat the police personnel were present theirs standing apprised of a black coloured car coming from Chotta Shimla side and it being suspected to be carrying contraband. Now when the colour aforesaid was borne on the car wherein the accused were aboard besides when it arrived at the spot from Chotta Shimla, moreso when the deposition of PW-14 unfolding the factum aforesaid of the police party while positioned at the purported site of occurrence holding prior to the arrival thereat of a black coloured car from Chotta Shimla information qua its arrival thereat, stands un-contradicted by the prosecution comprised in efforts standing concerted to by the PP when he unveiled the factum aforesaid constituted by his seeking permission of the learned trial court to declare him hostile for facilitating his cross-examination for belying the disclosures aforesaid galvanizes an inference of the prosecution acquiescing to the disclosure aforesaid by PW-14. In sequel with the Investigating Officer holding prior information about the carrying of items of contraband in a black coloured car wherein the accused were purportedly aboard he was enjoined to mete compliance to the provisions of Section 42 (2) of the NDPS Act which stands extracted hereinafter:- “where an Officer takes down any information in writing under sub-section (1) or records grounds for his belief under the Proviso thereto, he shall within seventy-two hours send a copy thereof to his immediate official superior.” 14. However in compliance thereof there exists no proof of his reducing the prior information thereto in writing besides his within 72 hours transmitting a copy thereof to his superior official. Since the phraseology of Section 42 (2) of NDPS Act stands couched in mandatory terms, it enjoins strict compliance thereto by the Investigating Officer. However when there is open besides flagrant infraction thereof naturally warrants an inference of the entire proceedings relating to search, seizure and recovery of the contraband standing vitiated. 15. For the reasons which have been recorded hereinabove, this Court holds that the learned trial Court below has appraised the entire evidence on record in a wholesome and harmonious manner apart therefrom the analysis of the material on record by the learned trial Court does not suffer from any perversity or absurdity of mis-appreciation and non-appreciation of evidence on record, rather it has aptly appreciated the material available on record. Consequently, the instant application is dismissed, in sequel, the prayer of the State of Himachal Pradesh for grant of leave to appeal against the judgment of the learned trial court is refused.