The central legal point established in the judgment is the requirement for the prosecution to follow the necessary rules for safe custody and production of case property to ensure the integrity of the evidence.

Rajiv Sharma, J.

This appeal is instituted against the judgment dated 1.10.2015, rendered by the learned Special Judge (III), Solan, H.P., in Sessions trial No. 1-ASJ-II/7 of 2014, 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 ten years and to pay fine of Rs. 1,00,000/- and in default of payment of fine to further undergo simple imprisonment for one year.

2. The case of the prosecution, in a nut shell, is that on 25.2.2014, HC Ambi Lal (PW-10), HHC Ajay Kumar, HHC Ram Krishan and Const. Amit Kumar (PW-9) proceeded towards Chambaghat, Salogra and Kandaghat, in connection with patrolling duty. At about 1:00 PM, HC Ambi Lal alongwith other police officials were present at Chambaghat near traffic check post. HRTC bus enroute Shimla to Delhi bearing No. HP-14-B-0282 came from Shimla side. It was intercepted. HC Ambi Lal started checking the luggage of the passengers from the front side. When he reached near seat No. 35, a person was holding a micron bag on his lap. On opening the bag, inside it there was a blanket white in colour and inside it a transparent packet containing a micron bag inscribed therein “Lal & Sons” was found. On opening this micron bag, black coloured substance round and cylindrical in shape was recovered. In the presence of Rajat Dhaulta who was sitting on seat No. 37 and Conductor Rajinder Kumar, the black coloured substance was found to be charas. The person sitting on seat No. 35 disclosed his name as Rajinder Kumar alias Raja son of Jodha Ram. Cannabis was weighed. It was found to be 1.754 Kgs. It was again put in the micron bag and sealed in pulinda with three seal impressions of seal “M”. Sample of the seal was taken on separate piece of cloth. NCB form in triplicate were filled in at the spot. Seal after use was handed over to conductor Rajinder Kumar. Rukka Ext. PW-10/C was prepared by HC Ambi Lal and sent to the PS Sadar Solan through HHC Ram Krishan. On the basis of rukka FIR Ext. PW-4/A was recorded. Seizure memo was prepared on the spot. PW-10 HC Ambi Lal handed over the parcel containing charas alongwith the sample seal, NCB forms for resealing. Inspector Anil Kumar PW—6 re-sealed the case property with three seal impressions of seal “U” and separate sample of the seal Ext. PW- 6/A was taken. He filled in the columns No. 9 to 11 of the NCB forms. PW-6 Insp. Anil Kumar after re-sealing the case property handed over the case property alongwith the sample seal, NCB form to MHC PW-5 HHC Kanshi Ram to deposit the same in malkhana. The case property was sent for chemical analysis and receipt of the FSL report Ext. PX 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 10 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. R.S. Chandel, Advocate for the accused has vehemently argued that the prosecution has failed to prove its case against the accused. On the other hand, Mr. Ramesh Thakur, learned Asstt. Advocate General for the State has supported the judgment of the learned trial Court dated 1.10.2015.

5. We have heard the learned Advocates and gone through the judgment and records of the case carefully.

6. PW-3 Rajinder Kumar deposed that he was posted as Conductor in HRTC Depot, Solan. On 25.2.2014, he was deputed as a Conductor in bus bearing regn. No. HP14-B-0282. Bal Krishan was driver and the bus was enroute from Shimla to Delhi. The bus left Shimla at 11:18 AM. About 30-32 passengers were travelling in the bus. Accused wa