The authenticity of case property and the importance of maintaining proper records and entries in the malkhana register to establish the evidence beyond reasonable doubt.

Rajiv Sharma, J.

This appeal is instituted against the judgment, dated 05.01.2013, rendered by the learned Special Judge (II), Mandi, District Mandi, H.P. in Sessions Trial No. 2 of 2012, whereby the appellant-accused (hereinafter referred to as ‘the accused’ for the sake of convenience), who was charged with and tried for an offence punishable under Section 20(b)(ii)(c) of the ND & PS Act, was convicted and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs.1,00,000/- and in default of payment of fine to further undergo simple imprisonment for a period of one year.

2. Case of the prosecution, in a nut-shell, is that on 15.10.2011, police party was present at Suki Bain NH-21. Accused came from Pandoh side having a bag in his right hand. On seeing the police party, he turned back and tried to run away. The police party suspected the accused carrying some contraband. Police party gave their personal search to accused and thereafter, search of light maroon and yellow bag was conducted, which was being carried by the accused in right hand. It contained envelope in which black material in the shape of chapattis, sphere and stick was found, which on smelling was found to be cannabis/charas. It weighed 2 kg. 300 grams. It was sealed with seal H at 10 places. NCB form in triplicate was prepared and seal impression H was affixed on it. Sample seal was taken on piece of cloth. Rukka through Constable Kashmir Singh was sent, on the basis of which, FIR No. 248/10, dated 15.10.2011, under Section 20 of NDPS Act was registered against the accused. The contraband was deposited with MHC. It was sent to FSL, Junga. The report was received. Thereafter, the challan was put up after completing all the codal formalities.

3. The prosecution has examined as many as 11 witnesses to support its case. The accused was also examined under Section 313 of the Cr. P.C. He pleaded innocence. He was convicted and sentenced, as noticed hereinabove. Hence, this appeal.

4. Mr. Chaman Negi, learned counsel for the appellant has vehemently argued that the prosecution has failed to prove the case against the appellant.

5. Mr. P. M. Negi, learned Deputy Advocate General, supported the judgment, dated 05.01.2013.

6. We have heard the learned counsel for the parties and gone through the judgment and records, carefully.

7. PW-1, HC Vijay Kumar has deposed that on 15.10.2011 at about 8:50 a.m., they were present near Suki Bain. Accused came from the Pandoh side. He was carrying a light maroon and yellow coloured raxine type bag. He got frightened on seeing the police. He tried to run away. He was apprehended. There was no abadi in the vicinity. Investigating Officer stopped the ongoing vehicle and asked the occupants of the vehicle to become witness, but none of them come forward. The Investigating Officer associated him and Constable Dhameshwar. Police gave the search of the police party to the accused. Bag of the accused was checked. It contained charas. It weighed 2 kg. 300 grams. Charas was put in the polythene bag and polythene bag was put in a cloth parcel. Parcel was sealed with 10 impressions of seal H. Form NCB-1 was filled in triplicate at the spot. Charas was seized vide seizure memo Ex. PW1/C. Rukka was prepared. It was sent through Constable Kashmir Singh to the Police Station. FIR was registered. Investigating Officer completed the investigation. During the course of recording of his statement, one sealed parcel sealed with 10 impressions of seal H, six impressions of seal A and six impressions of seal of FSL were produced. Seals were intact and legible. The parcel was opened. PW-1 Vijay Kumar identified the same. In his cross-examination, he admitted that they had set up nakka and they were stopping the vehicles. They had stopped about 5-7 vehicles. No challan was issued.

8. PW-2, Constable Kashmir Singh also deposed the manner, in which the accused was apprehended, search, seizure, sealing and other codal formali