JUDGMENT : Rajiv Sharma, J. The instant appeal has been filed against Judgment dated 15.12.2014 rendered by the learned Special Judge, Chamba, Division Chamba, HP in Sessions Trial No. 13/2014, 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 a period of 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 31.1.2014, Head Constable Virender Singh, Investigating Officer, of SIU Chamba alongwith other police officials i.e. HHC Mohammad Aslam, Constable Sunil Kumar and Constable Yog Raj was present at Chakoli within the jurisdiction of Police Station, Kihar at about 6.15 AM, for patrolling. In the meantime, a person holding a carry bag in his right hand came from Diur side. On seeing the police, he turned back and tried to escape towards Diur side. He was chased and overpowered by Head Constable Virender Singh with the help of other police officials. He disclosed his identity. Carry bag of the accused was checked. It contained one yellow bag. The said yellow bag contained black substance in the shape of sticks and bundles of sticks. It was checked and found to be Charas/cannabis. It weighed 2 kg. Recovered charas was put in the same carry bag and packed in a cloth parcel and it was sealed with 5 seal impressions of ‘K’. NCB form in triplicate was filled in and seal impression ‘K’ was embossed thereon. Seal after use was handed over to Constable Yog Raj. IO Virender Singh prepared Rukka and sent the same to the Police Station, Kihar for registration of FIR through Constable Yog Raj. FIR was registered. Site plan was prepared. Case property was produced before SI Darshan Singh for resealing. He resealed the same with 5 seal impressions of ‘H’ and also affixed impression of seal ‘H’ on the NCB form. SHO Darshan Singh also prepared reseal memo in this regard. Case property alongwith specimen seal impressions, NCB form etc. was deposited with the MHC. Recovered Charas was sent to the FSL Junga for chemical examination. Investigation was completed. He resealed the same with 5 seal impressions of ‘H’ and also affixed impression of seal ‘H’ on the NCB form. SHO Darshan Singh also prepared reseal memo in this regard. Case property alongwith specimen seal impressions, NCB form etc. was deposited with the MHC. Recovered Charas was sent to the FSL Junga for chemical examination. Investigation was completed. Challan was put in the Court after completing all the codal formalities. 3. Prosecution has examined as many as 11 witnesses to prove its case against the accused. Accused was also examined under Section 313 CrPC. He pleaded innocence. Learned trial Court convicted the accused as noticed herein above. Hence, this appeal. 4. Mr. Rakesh Manta, learned Legal Aid Counsel, has vehemently argued that the prosecution has failed to prove its case against the accused person. 5. Mr. Parmod Thakur, Additional Advocate General, has supported the Judgment dated 15.12.2014. 6. We have heard the learned counsel for the parties and also gone through the record carefully. 7. PW-1 Constable Yog Raj deposed that on 31.1.2014, he alongwith Constable Sunil Kumar, HHC Mohammad Aslam, accompanied HC Varinder Singh for patrolling and Nakabandi and was present at Chakoli Pul. A person came from Diur side. He was carrying a bag in his right hand. He tried to escape towards Diur side. He was nabbed. He was carrying a green coloured carry bag. He disclosed his identity. Bag carried by the accused was checked. Another carry bag, yellow in colour, was recovered. It contained black coloured substance in the shape of sticks and bundles. On checking, it was found to be charas. It weighed 2 kg. Recovered charas was put back in the same yellow carry bag and said carry bag was put in same green carry bag and packed in parcel and sealed with 5 seals of ‘K’. Sample of seal ‘K’ was taken separately on cloth piece. IO filled in NCB form. Impression of seal ‘K’ was taken on NCB form. Recovered charas was taken into possession vide memo Ext. PW-1/B. Seal was handed over to him. IO prepared the Rukka and sent the same to the Police Station through him. He handed over the Rukka to MHC Police Station, Kihar. Case property was produced before the court while recording the statement of PW-1. In his cross-examination, he has admitted that he has not brought the seal as the same was lost. IO prepared the Rukka and sent the same to the Police Station through him. He handed over the Rukka to MHC Police Station, Kihar. Case property was produced before the court while recording the statement of PW-1. In his cross-examination, he has admitted that he has not brought the seal as the same was lost. No FIR was registered in this behalf by him. 8. PW-2 Mohammad Aslam deposed the manner in which accused was apprehended. Search, seizure and sampling proceedings were completed at the spot. In his crossexamination, he has admitted that the vehicles frequently ply on the road towards Kihar and Salooni. He also admitted that at a walk of 10-15 minutes from Chakoli Pul, there were houses of people. 9. PW-4 Constable Ravinder Kumar, deposed that on 2.3.2014 (sic. 2.3.2013), MHC Police Station, Kihar called him to the Police Station, Kihar. On 3.3.2014 (sic. 3.3.2013), he deputed him to bring the result of FSL and case property from FSL Junga. He received the result on 5.3.2014 (sic. 5.3.2013) and deposited the same with MHC Police Station on 7.3.2014 (sic. 7.3.2013). 10. PW-5 Satish Kumar deposed that on 31.1.2014, at about 9.15 AM, HC Varinder Singh IO, SIU, Chamba produced one cloth parcel containing 2 kg charas, sealed with five seals of ‘K’ alongwith NCB form, sample seal before SHO/SI Darshan Singh for resealing, who resealed the same with five seals of seal ‘H’ and filled in relevant columns of NCB form and took the specimen of seal ‘H’ on a cloth piece. 11. PW-6 Darshan Singh deposed that on 31.1.2014, Constable Yog Raj brought Rukka Ext. PW-6/A to the Police Station, on the basis of which FIR Ext. PW-6/B was recorded. On the same day, at about 9.15 AM, HC Varinder Singh produced accused alongwith case property i.e. one parcel stated to be containing 2 kg charas, sealed with five seals of ‘K’ alongwith NCB form, sample seals, for resealing. He resealed the same with five seals of seal ‘H’ and filled in NCB form and took specimen of seal ‘H’ on separate cloth piece. He prepared reseal memo Ext. PW-5/B. In his cross-examination, he has admitted that seal ‘H’ was of lead and square in shape. Its colour was silver. 12. He resealed the same with five seals of seal ‘H’ and filled in NCB form and took specimen of seal ‘H’ on separate cloth piece. He prepared reseal memo Ext. PW-5/B. In his cross-examination, he has admitted that seal ‘H’ was of lead and square in shape. Its colour was silver. 12. PW-7 Constable Prabhat Nahar deposed that SI Darshan Singh deposited with him one parcel stated to be containing 2 kg charas, sealed with seal impressions ‘K’ and ‘H’ alongwith NCB form, seizure memo and reseal memo. He entered the same in Malkhana Register at Sr. No. 131. On the same day, he sent the same to FSL Junga through Constable Raj Singh vide RC No. 14/14. He brought original Malkhana Register Ext. PW-7/A. 13. PW-10 HC Varinder Singh was the Investigating Officer. He also testified the manner in which accused was apprehended on the spot. Search, seizure and sampling proceedings were completed at the spot. In his crossexamination, he has admitted that they have checked 30-35 vehicles at Ballu bridge near Ayurvedic Hospital. At Koti they checked about 5-6 vehicles. He admitted that vehicular traffic crosses through the road i.e. Chakoli Bridge towards Kihar, Diur and Chamba side. 14. Police has not joined any independent witness at the time when the accused was apprehended, search, seizure and sampling proceedings were completed at the spot. PW-2 Mohammad Aslam has admitted specifically that vehicles frequently ply through the road towards Kihar and Salooni. He admitted that at a walk of 10-15 minutes, from Chakoli Pul, there were houses. Accused was apprehended at 6.15 AM on 31.1.2014. PW-10 Varinder Singh has also admitted that vehicular traffic plies through the road i.e. Chakoli Bridge towards Kiha, Diur and Chamba side. It was neither a secluded place nor an isolated place. Police could join independent witnesses by asking the owners/occupiers of the vehicles plying on the road and also by asking the residents of the houses situate at a distance of 10-15 minutes walk from the spot. 15. Case of the prosecution, precisely, is that the accused was apprehended at Chakoli Bridge on 31.1.2014 at 6.15 AM. Search, seizure and sampling proceedings were completed in the morning hours. However, as per Ext. PW-6/D, form NCB-I, charas was recovered on 31.1.2014 at 6.45 PM at Chakoli. There is a difference of almost 12 hours, which has not been explained by the prosecution. Search, seizure and sampling proceedings were completed in the morning hours. However, as per Ext. PW-6/D, form NCB-I, charas was recovered on 31.1.2014 at 6.45 PM at Chakoli. There is a difference of almost 12 hours, which has not been explained by the prosecution. It casts serious doubt whether the accused was apprehended at all and the contraband was recovered from his conscious and exclusive possession. 16. The case property was produced during the examination of PW-1 Constable Yog Raj. 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. 17. In Punjab Police Rules, also applicable to the State of Himachal Pradesh, Malkhana register is assigned serial number-19. It is in a tabular form. There are different columns like who has deposited the case property and when it was taken out and deposited back. These details are very material and every deposit made in the Malkhana /Store Room is to be recorded and also at the time when it is redeposited. 18. 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. 19. 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. 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. 20. 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 storeroom 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. (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 lockedup 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. 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. 21. 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. 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. 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. 22. In this 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. 22. In this 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. 23. Accordingly, the present appeal is allowed. Judgment dated 15.12.2014 rendered by the learned Special Judge, Chamba, Division Chamba, HP in Sessions Trial No. 13/2014 is set aside. Accused is acquitted of the offence under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 by giving benefit of doubt. He is ordered to be released if not required in any other case. Fine amount, if any deposited by the accused, is also ordered to be refunded to him. 24. The Registry is directed to prepare and send the release warrants of the accused to the concerned, Superintendent of Jail, forthwith. All pending applications are also disposed of.