JUDGMENT : Rajiv Sharma, J. This appeal is instituted against the judgment dated 21.6.2014, rendered by the learned Special Judge, Kullu, H.P., in Sessions trial No. 16/2013(263 of 2013), whereby the appellant-accused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ND & PS Act), has been convicted and sentenced to undergo rigorous imprisonment for three years and three months and to pay fine of Rs. 25,000/- and in default of payment of fine to further undergo rigorous imprisonment for six months. 2. The case of the prosecution, in a nut shell, is that on 20.12.2014 at about 6:30 AM, the police party, headed by HC Gian Chand was present at Khalara Nalla, as the police party had gone to the spot in official vehicle. The accused was noticed coming from Bharai side and after seeing he police party, he got perplexed and tried to run away. He was intercepted. The place was secluded and no local witness was available. The accused was asked by the I.O. that he intended to carry out his personal search. HC Girdhari Lal and Const. Sanjay were associated as witnesses by the I.O and in their presence I.O. apprised the accused about his legal right to be searched either before a Magistrate or Gazetted Officer. The accused vide consent memo expressed to be searched before a Gazetted Officer. The I.O. telephonically informed the then Addl. S.P. Kullu, who directed the I.O. to bring the accused to his office at Kullu. The accused was brought by the police to the office of Addl. S.P. at 7.40 AM. Addl. S.P. introduced himself to the accused. Thereafter, the I.O. carried out the personal search of the accused in the presence of witnesses Girdhari Lal and Const. Sanjay and Addl. S.P. Sandeep Dhawal and from the underwear of accused one transparent polythene packet was recovered which contained stick shaped black coloured substance wrapped in wrappers. The substance was found to be charas. It weighed 330 grams. Thereafter, the charas was put in same polythene packet and sealed in one cloth parcel with six seals of letter “K”. The I.O. filled in the NCB forms in triplicate. Sample seal of “K” was separately drawn and the parcel of charas was taken into possession. The substance was found to be charas. It weighed 330 grams. Thereafter, the charas was put in same polythene packet and sealed in one cloth parcel with six seals of letter “K”. The I.O. filled in the NCB forms in triplicate. Sample seal of “K” was separately drawn and the parcel of charas was taken into possession. The I.O. prepared the rukka and sent the same to the Police Station Kullu through Const. Sanjay, upon which, FIR was registered. The I.O. prepared the spot map. The case property was produced before S.I. Harish Chander who resealed the same with three seals of letter “H”. He also filled in the relevant columns of NCB forms and thereafter, the case property alongwith sample seals, NCB form and other relevant documents was deposited with MHC Ram Krishan, who incorporated the entry of articles in malkhana register. On 21.12.2012, after filling in column No. 12, MHC Ram Krishan sent the case property through Const. Rajesh Kumar vide RC No. 284 of 2012 to FSL Junga, who deposited the same under receipt. Report of the FSL was procured. The investigation was completed and the challan was put up after completing all the codal formalities. 3. The prosecution, in order to prove its case, has examined as many as 8 witnesses. The accused was also examined under Section 313 Cr.P.C. The accused has denied the prosecution case. The learned trial Court convicted and sentenced the accused, as noticed hereinabove. Hence, this appeal. 4. Mr. Balwant Singh Thakur, Advocate appearing vice Mr. Bhim Raj Sharma, Advocate for the accused has vehemently argued that the prosecution has failed to prove its case against the accused. On the other hand, Mr. Parmod Thakur, learned Addl. Advocate General for the State has supported the judgment of the learned trial Court dated 21.6.2014. 5. I have heard the learned Advocates and gone through the judgment and records of the case carefully. 6. PW-3 MHC Ram Krishan testified that on 20.12.2012, SI/SHO Harish Chander deposited a parcel sealed with six seals of seal “K”, three seals of seal “H”, stated to be containing 330 grams of charas alongwith the sample seal, NCB-I form in triplicate and copy of seizure memo. He made entries in Register No. 19 at Sr. No. 182. On 21.12.2012, after filling in column No. 12, he sent the case property through Const. He made entries in Register No. 19 at Sr. No. 182. On 21.12.2012, after filling in column No. 12, he sent the case property through Const. Rajesh Kumar vide RC No. 284 of 2012 to FSL Junga, who deposited the same at FSL Junga, under receipt. 7. PW-4 Addl. S.P. Sandeep Dhawal deposed that HC Gian telephonically informed him on 20.12.2012 that he had apprehended accused at Khalara Nalla. He also informed him that accused wanted to be searched before a Gazetted Officer. He then told HC Gian to bring the accused to his office. At about 7:40 AM, the accused was produced before him in his office. Const. Girdhari and Const. Sanjay were also with HC Gian Chand. He briefly introduced himself to the accused and thereafter perused his consent memo Ext. PW-4/A. He also signed the same. In his presence, I.O. searched the accused. At the time of search of accused, Const. Sanjay and Const. Girdhari were also present. From the underwear of the accused, charas in transparent polythene weighing 330 grams was recovered. The recovered charas was put in the same polythene envelope and sealed in cloth parcel with six seals of seal “K”. The I.O. filled in NCB form in his presence. 8. PW-5 SI Harish Chander deposed that on 20.12.2012, after receiving rukka, he put his endorsement vide Ext. PW-5/A and registered FIR Ext. PW-5/B. On the same day, HC Gian Chand produced one sealed parcel containing six seals of seal “K” along with sample seal, NCBI forms and other relevant documents. He resealed the parcel with three seals of “H”. He also filled in relevant columns of NCB-I form. Thereafter, he handed over the entire case property with MHC Ram Krishan. 9. PW-6 Const. Sanjay Kumar deposed that on 20.12.2012, he alongwith HC Girdhari Lal and HC Gian Chand had gone to Khalara Nalla in official vehicle from PS Kullu. At about 6:30 AM, accused came from Bharai side who tried to run away after seeing the police party. He was overpowered by the I.O. with the help of other police official. I.O. got suspicious about his possessing some contraband. The place was secluded as no witness was available. I.O. got himself searched. Then, I.O. apprised the accused about his legal right to be searched either before the Magistrate or Gazetted Officer. The accused consented in writing to be searched before a Gazetted Officer. I.O. got suspicious about his possessing some contraband. The place was secluded as no witness was available. I.O. got himself searched. Then, I.O. apprised the accused about his legal right to be searched either before the Magistrate or Gazetted Officer. The accused consented in writing to be searched before a Gazetted Officer. The I.O. informed the Addl. S.P. telephonically to this effect. Consent memo of the accused vide Ext. PW-4/A was prepared. The accused was brought to the office of Addl. S.P., Kullu. The Addl. S.P. Kullu introduced himself to the accused. The I.O. got himself personally searched vide memo Ext. PW-6/A, which was signed by him, HC Girdhari Lal as well as the accused. Thereafter, I.O. carried out the personal search of the accused in the presence of Addl. S.P. From the underwear of the accused, I.O. recovered one transparent polythene in which black coloured substance was found. It weighed 330 grams. The charas was again put in the same polythene and subsequently sealed in one cloth parcel with six seals of seal “K”. The samples of seal “K” were drawn vide Ext. PW-4/B. The I.O. filled in the NCB-I form in triplicate. The seal was handed over to HC Girdhari Lal after use. The parcel of charas was taken into possession vide memo Ext. PW-4/C. The I.O. prepared rukka. Rukka was handed over to him at 9:15 AM. He delivered the same at PS Kullu. The case property was produced at the time of recording of the examination-in-chief of PW-6 Const. Sanjay Kumar. 10. PW-7 HC Gian Chand also deposed the manner in which the charas was recovered, search, seizure and sealing proceedings were completed on the spot. Rukka was prepared vide memo Ext. PW-7/A. He prepared the spot map. He recorded the statements of the witnesses. The accused was taken to the Police Station. He produced the case property before SI/SHO Harish Chander for resealing. 11. PW-8 Const. Rajesh Kumar testified that MHC, PS Kullu Ram Krishan, handed over one sealed parcel containing 6 seals of seal impression “K” and three seals of seal “H” alongwith sample seals, NCB form in triplicate and other relevant record vide RC No. 284/12 to be deposited with FSL, Junga. On 22.12.2012, he deposited the case property at FSL, Junga and on his return he handed over the receipt to the MHC. 12. On 22.12.2012, he deposited the case property at FSL, Junga and on his return he handed over the receipt to the MHC. 12. According to PW-3 MHC Ram Krishan on 20.12.2012, SI/SHO Harish Chander deposited a parcel sealed with six seals of seal “K”, three seals of seal “H”, stated to be containing 330 grams of charas alongwith the sample seal, NCB-I form in triplicate and copy of seizure memo with him. He made entries in Register No. 19 at Sr. No. 182. On 21.12.2012, after filling in column No. 12, he sent the case property through Const. Rajesh Kumar vide RC No. 284 of 2012 to FSL Junga. 13. The case property was produced while recording the statement of PW-6 Const. Sanjay Kumar. 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. 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 storeroom 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).” 14. 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 re-deposited in the Malkhana. 7. Signature of recipient (including person by whom dispatched). 8. Remarks. (To be prepared on a quarter sheet of native paper).” 14. 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 re-deposited 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 re-deposited 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. 15. Sub-rule (2) Rule 22.18 of Punjab Police Rules, reads as under: “(2) All case property and unclaimed property, other than cattle, of which the police have taken possession shall, if capable of being so treated, be kept in the store-room. Otherwise the officer in charge of the police station shall make other suitable arrangements for its safe custody until such time as it can be dealt with under sub-rule (1) above. Each article shall be entered in the store-room register and labelled. The label shall contain a reference to the entry in the store-room register and a description of the article itself and, in the case of articles of case property, a reference to the case number. If several articles are contained in a parcel, a detail of the articles shall be given on the label and in the storeroom register. The officer in charge of the police station shall examine Government and other property in the store-room at least twice a month and shall make an entry in the station diary on the Money following the examination to the effect that he has done so.” 16. Rule 27.18 of Punjab Police Rules, reads as under: “27.18. Safe custody of property.- (1) Weapons, articles and property sent in connection with cases shall on receipt be entered in register No. 1 and shall (excluding livestock) be properly stored in the store-room of the head of the prosecuting agency, or the police station. See Rule 22.18. Rule 27.18 of Punjab Police Rules, reads as under: “27.18. Safe custody of property.- (1) Weapons, articles and property sent in connection with cases shall on receipt be entered in register No. 1 and shall (excluding livestock) be properly stored in the store-room of the head of the prosecuting agency, or the police station. See Rule 22.18. When required for production in court such articles shall, at headquarters, be taken out in the presence and under the personal order of an officer of rank not less than prosecuting sub-inspector and an entry made in the register of issue from and return to the prosecuting agency’s store-room, which register shall be maintained in Form 27.18(1). Animals sent in connection with cases shall be kept in the pound attached to the police station at the place to which they have been sent, and the cost of their keep shall be recovered from the District Magistrate in accordance with Rule 25.48. (2) In all cases in which the property consists of bullion, cash, negotiable securities, currency notes or jewellery, exceeding in value Rs. 500 the Superintendent shall obtain the permission of the District Magistrate, Additional District Magistrate or Sub-Divisional Officer to make it over to the Treasury Officer for safe custody in the treasury. (3) All cash, jewellery and other valuable property of small bulk, which is not required under sub-rule (2) above to be sent to the treasury, shall be kept in a locked strong box in the store-room. Each court orderly shall be provided with a strong lock-up box in which he shall keep all case property while it is in his custody in the court to which he is attached. Case property shall invariably be kept locked-up in such box except when it is actually produced as an exhibit in the course of proceedings. After being so produced it shall be immediately replaced in the lock-up box. Boxes shall be provided from funds at the disposal of the District Magistrate. (4) Property taken out of the main store-room for production in court shall be signed for by the court orderly concerned in register No. 2 and the prosecuting officer authorizing the removal shall initial this entry. Such officer shall similarly, after personal check, initial the entry of return of the property to the main store-room on the closing of the courts. Such officer shall similarly, after personal check, initial the entry of return of the property to the main store-room on the closing of the courts. (5) Every day, when the courts close, an officer of the prosecuting branch of rank not less that of sub-inspector shall personally see that the articles produced in court are returned to the store-room, restored to their proper places in the shelves, cup-boards or strong box and registered as required by sub-rule (4) above. The opening of the storeroom in the morning and its closing in the evening shall invariably be in the presence of the police officials named in this rule. Animals brought from the pound shall be repounded under the supervision of a head constable.” 17. Thus, it is evident from rule 22.18 that the case property is required to be kept in store room and each article is to be entered in store room, registered and labelled and label shall contain a reference to the entry in the store-room register and a description of the article itself and, in the case of articles of case property, a reference to the case number. If several articles are contained in a parcel, a detail of the articles is required to be given on the label and in the store-room register. Similarly, it is provided in Rule 27.18 that Weapons, articles and property sent in connection with cases shall on receipt be entered in register No. 1 and shall (excluding livestock) be properly stored in the store-room of the head of the prosecuting agency, or the police station. The case property when required for production in court such articles shall, at headquarters, be taken out in the presence and under the personal order of an officer of rank not less than prosecuting sub-inspector (now APP/PP) and an entry made in the register of issue from and return to the prosecuting agency’s store-room, which register shall be maintained in Form 27.18(1). Property taken out of the main store-room for production in court is required to be signed for by the court orderly concerned in register No. 2 and the prosecuting officer authorizing the removal shall initial this entry. Such officer similarly, after personal check, is required to initial the entry of return of the property to the main store-room on the closing of the courts. Such officer similarly, after personal check, is required to initial the entry of return of the property to the main store-room on the closing of the courts. It is further provided in this Rule that every day, when the courts close, an officer of the prosecuting branch of rank not less that of sub-inspector shall personally see that the articles produced in court are returned to the store-room, restored to their proper places in the shelves, cup-boards or strong box and registered as required by sub-rule (4) above. The opening of the storeroom in the morning and its closing in the evening shall invariably be in the presence of the police officials named in this rule. In case property is required to be committed to the higher Court, then under Rule 27.19, the parcel shall be sealed with the seal of the court and made over to the head of the police prosecuting agency, who shall produce it with unbroken seals before the superior court, or, if so ordered by competent authority, shall make it over to some other officer authorized so to produce it. 18. In the instant case, there is nothing on record to suggest that these Rules were followed while producing case property in the Court and on returning the same. These Rules have been framed to ensure that case property from its initial stage of seizure till production in the Court remains safe/intact and is restored to store room in the presence of senior police officer. Property taken out of the main store-room for production in court is required to be signed by the court orderly concerned in register No. 2 and the prosecuting officer authorizing the removal is required to initial this entry. Such officer shall similarly, after personal check, initial the entry of return of the property to the main store-room on the closing of the courts. 19. The prosecution has failed to prove case against the accused under Section 20 of the Act. 20. In view of the discussion and analysis made herein above, the appeal is allowed. The judgment dated 21.6.2014 rendered by learned Special Judge, Kullu, (HP) in Session trial No. 16/2013 (263 of 2013) is set aside. Accused is acquitted of the offence under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985. 20. In view of the discussion and analysis made herein above, the appeal is allowed. The judgment dated 21.6.2014 rendered by learned Special Judge, Kullu, (HP) in Session trial No. 16/2013 (263 of 2013) is set aside. Accused is acquitted of the offence under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985. 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 also refunded to him. Registry is directed to prepare and send the release warrant of the accused to the Superintendent of Jail concerted, forthwith.