The authenticity and continuity of case property are crucial in cases involving the possession of contraband, and the prosecution must establish a clear link from seizure to production in court.

Rajiv Sharma, J.

This appeal is instituted against Judgment dated 5.8.2013 rendered by learned Special Judge (III) Mandi, District Mandi, Himachal Pradesh in Session Trial No. 56/2010, whereby appellant-accused (hereinafter referred to as 'accused’ for convenience sake), who was charged with and tried for offence punishable under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985, was convicted and sentenced to undergo rigorous imprisonment for 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 22.3.2010, SI Dharam Singh (PW-13) alongwith Constable Bansi Lal (PW-5), HHC Hukam Chand (PW-11), HHG Trilok Chand and HHG Praveen Kumar proceeded from Police Station Jogindernagar for Nakkabandi. At about 8.00 am, they were checking the vehicles at place near Galu. Dharam Dass also called ASI Bansi Lal (PW-7) from police station. At about 8.30 am, a private bus bearing registration No. HP-32-5117 came from Mandi, which was going towards Palampur. HHC Hukam Chand signalled the bus to stop. SI Dharam Dass entered the bus from front door and ASI Bansi Lal from back door. They asked the passengers to get their luggage checked. Accused was found standing near front door of the bus and carrying one rucksack (Pithu bag) of blue and red colour. Accused was asked to get the bag checked. The accused opened the zip of the bag and inside the bag, one more pink coloured bag was found, on which words ‘Dharwal Garments’ were printed, which contained substance in the shape of sticks. Accused was asked to alight from the bus. Driver of the bus Hoshiar Singh and conductor Kashmir Singh as well as ASI Bansi Lal were associated as witnesses. Constable Bansi Lal was sent for balance and weights. Contraband was weighed and found to be 2.7 kg. Charas was put back in the pink coloured bag and then put into said rucksack and parcelled in a cloth by putting 10 seals of seal ‘D’. NCB form in triplicate, Ext. PW-13/A was prepared. Seal impression of seal ‘D’ was embossed on NCB form. Case property was taken into possession vide recovery memo Ext. PW-7/B. Rukka Ext. PW-13/B was prepared. Rukka was sent to the police Station through Constable Hukam Chand. Thereafter FIR Ext. PW-12/A was registered. Contraband was produced before the Inspector/SHO Smt. Shakuntla (PW-12) alongwith sample seal. She resealed the same with seal ‘K’ at four places. She filled in the relevant columns of NCB form and prepared reseal memo Ext. PW-12/D. Case property alongwith sample seals ‘D’ and ‘K’, NCB form in triplicate was deposited by PW-12 with HC Mangat Ram, who made entry in the Malkhana Register. Extract of Malkhana Register is Ext. PW-1/A. Case property alongwith sample seals and NCB form was sent to the Forensic Science Laboratory Junga through HHG Jagdish Chand. He deposited the case property and obtained receipt and handed it over to PW-1. Report of the FSL Junga is Ext. PX. Matter was investigated. Challan was put up in the Court after completing all the codal formalities. Accused was convicted and sentenced as noticed by us herein above.

3. Prosecution has examined as many as 13 witnesses to prove its case against the accused. Accused was also examined under Section 313 CrPC. He pleaded innocence. Trial Court convicted and sentenced the accused as noticed above. Hence, this appeal.

4. Mr. Anoop Chitkara, Advocate has vehemently argued that the prosecution has failed to prove its case against the accused.

5. Mr. Ramesh Thakur, Assistant Advocate General, has supported the judgment of conviction dated 5.8.2013.

6. We have heard the learned counsel for the parties and also gone through the record carefully.

7. PW-1 Mangat Ram deposed that on 22.3.2010 Inspector Shakuntla deposited with him one parcel sealed with seal impression ‘D’ at 10 places and seal ‘K’ at four places. The parcel was stated to be containing Charas. He m