JUDGMENT : Rajiv Sharma, J. This appeal is instituted against the judgment dated 24.9.2015, rendered by the learned Special Judge (I), Kullu, H.P., in Sessions trial No. 133/2013, whereby the respondent-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 acquitted. 2. The case of the prosecution, in a nut shell, is that on 24.5.2013, at 4:00 AM, a team of Special Investigation Unit, Kullu headed by ASI Gangbir Singh was present at Talogi Mod, which falls within the jurisdiction of PS Kullu. They saw accused coming on foot from Jia- Bhunter side carrying a bag in his hand. PW-5 ASI Gangbir Singh asked the accused to explain the reason of his presence at the spot, at such early hours of the day, but accused could not reply satisfactorily. On inquiry, accused disclosed his name and address. The place where the accused was apprehended was secluded and no independent witnesses were available. PW-5 ASI Gangbir Singh associated HHC Uttam Singh (PW-4) and Const. Nikka Ram (PW-6) as witnesses and in their presence, the carry bag, being carried by the accused, was searched. It contained two transparent polythene packets in which transparent plastic wrappings was found which was in the shape of sticks and on smelling and testing, the substance was found to be charas. I.O. PW-5 ASI Gangbir Singh prepared the identification memo Ext. PW-4/A and the recovered charas was weighed. It weighed 1.800 kgs. Thereafter, the recovered charas was again put in the same plastic wrappers and then in same polythene packets and thereafter in carry bag. The carry bag was then sealed in a cloth parcel with eight seals of impression “A” and then taken into possession vide recovery memo Ext. PW-4/C, which was signed by accused as well as witnesses. PW-5 ASI Gangbir Singh took sample of seals of “A” on pieces of cloth, one of which is Ext. PW-4/B. PW-5 ASI Gangbir Singh also filled in the NCB-I form in triplicate vide Ext. PW-3/D. Rukka was scribed and sent to Police Station through HHC Uttam Singh (PW-4), on which FIR Ext. PW-3/A was registered by SI Shiv Singh. PW-5 ASI Gangbir Singh took sample of seals of “A” on pieces of cloth, one of which is Ext. PW-4/B. PW-5 ASI Gangbir Singh also filled in the NCB-I form in triplicate vide Ext. PW-3/D. Rukka was scribed and sent to Police Station through HHC Uttam Singh (PW-4), on which FIR Ext. PW-3/A was registered by SI Shiv Singh. PW-3 SI Shiv Singh handed over the case file to HHC Uttam Singh with the direction to take the same to the I.O. The site plan Ext. PW-5/B was prepared by the I.O. and statements of the witnesses were recorded. The accused was apprised about the grounds of arrest. The accused was arrested vide memo Ext. PW-5/C. SI/SHO Shiv Singh resealed the parcel with seal “R” by affixing six seal impressions thereon. He also filled in the relevant columns of NCB-I form and drew sample of seal “R” vide Ext. PW-3/C and thereafter deposited the case property with PW-7 MHC Ram Krishan. MHC Ram Krishan made entries in register No. 19 of the Malkhana at Sr. No. 49, the abstract of which is Ext. PW-7/A. Special report Ext. PW-2/A was prepared. The case property was sent to FSL Junga. The report of FSL Junga is Ext. PW-3/E. 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 7 witnesses. The accused was also examined under Section 313 Cr.P.C. The learned trial Court acquitted the accused, as noticed hereinabove. Hence, this appeal. 4. Mr. M.A.Khan, learned Addl. Advocate General for the State has vehemently argued that the prosecution has proved its case against the accused. 5. We have heard the learned Addl. Advocate General for the State and gone through the judgment and records of the case carefully. 6. According to PW-4 HHC Uttam Singh, PW-5 ASI Gangbir Singh and PW-6 Const. Nikka Ram, the charas was found in the form of sticks, however, as per the report of the FSL Ext. PW-3/E, on opening the sealed cloth parcel, charas was found in the form of poly wrapped sticks and balls in two transparent zip poly packets. The witnesses have not stated that the charas was in the form of poly wrapped sticks and balls containing two transparent zip poly packets. Thus, the identity of the case property also becomes doubtful. 7. PW-3/E, on opening the sealed cloth parcel, charas was found in the form of poly wrapped sticks and balls in two transparent zip poly packets. The witnesses have not stated that the charas was in the form of poly wrapped sticks and balls containing two transparent zip poly packets. Thus, the identity of the case property also becomes doubtful. 7. The case of the prosecution is that no independent witness was available on the spot. However, it is evident on perusal of rukka Ext. PW-5/A that there is no reference given that the place was isolated and no independent witness was available. PW-5 ASI Gangbir Singh has admitted that there is no mention to this effect in the rukka Ext. PW-5/A or in the statement of witnesses. According to PW-4 HHC Uttam Singh, a path leads to village Talogi from the alleged spot of occurrence. Village Talogi is situated on either side of the road. It is clear from the photographs (Mark DA-1 to Mark DA-5) that in Mark DA-1, there is bus stop and Mark DA-2 to Mark DA-5 there are buildings and houses. It is, thus, evident that there was village Talogi nearby the occurrence and houses and buildings were also situated nearby and despite that no independent witness was joined. PW-6 Const. Nikka Ram has also deposed that the I.O. did not make any attempt to associate independent witnesses in the investigation. It has also come in the investigation that vehicles after every half an hour used to pass through the spot. 8. There is no evidence as to who took the case property from FSL Junga and there is no rapat qua the production of case property before the Court. According to the prosecution case, the seal after use was handed over to PW-6 Const. Nikka Ram. The seal was lost by him but no rapat, whatsoever, was recorded by him regarding the loss of seal. It was for the prosecution to prove that the case property remained in safe custody from its seizure till its production in the Court. 9. With the assistance of Mr. M.A. Khan, learned Addl. Advocate General for the State, we have perused the records of the instant case. The case property was produced while recording the statement of PW-4 HHC Uttam Singh. Who has brought the case property from Malkhana to the Court has not been examined. 9. With the assistance of Mr. M.A. Khan, learned Addl. Advocate General for the State, we have perused the records of the instant case. The case property was produced while recording the statement of PW-4 HHC Uttam Singh. 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).” 10. 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. 11. 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. 11. 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 store-room 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.” 12. 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). 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. (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. (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.” 13. 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. 14. 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. 15. The prosecution has failed to prove case against the accused under Section 20 of the Act. This Court has no occasion to interfere with the well reasoned judgment of the learned trial Court dated 24.9.2015. 16. Accordingly, there is no merit in this appeal and the same is dismissed.