The integrity and proper handling of case property are crucial for establishing guilt in criminal cases.

Rajiv Sharma, J.

This appeal is instituted against the judgment dated 21.6.2014, rendered by the learned Special Judge, Kullu, H.P., in Sessions trial No. 16/2013(263 of 2013), 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 three years and three months and to pay fine of Rs. 25,000/- and in default of payment of fine to further undergo rigorous imprisonment for six months.

2. The case of the prosecution, in a nut shell, is that on 20.12.2014 at about 6:30 AM, the police party, headed by HC Gian Chand was present at Khalara Nalla, as the police party had gone to the spot in official vehicle. The accused was noticed coming from Bharai side and after seeing he police party, he got perplexed and tried to run away. He was intercepted. The place was secluded and no local witness was available. The accused was asked by the I.O. that he intended to carry out his personal search. HC Girdhari Lal and Const. Sanjay were associated as witnesses by the I.O and in their presence I.O. apprised the accused about his legal right to be searched either before a Magistrate or Gazetted Officer. The accused vide consent memo expressed to be searched before a Gazetted Officer. The I.O. telephonically informed the then Addl. S.P. Kullu, who directed the I.O. to bring the accused to his office at Kullu. The accused was brought by the police to the office of Addl. S.P. at 7.40 AM. Addl. S.P. introduced himself to the accused. Thereafter, the I.O. carried out the personal search of the accused in the presence of witnesses Girdhari Lal and Const. Sanjay and Addl. S.P. Sandeep Dhawal and from the underwear of accused one transparent polythene packet was recovered which contained stick shaped black coloured substance wrapped in wrappers. The substance was found to be charas. It weighed 330 grams. Thereafter, the charas was put in same polythene packet and sealed in one cloth parcel with six seals of letter “K”. The I.O. filled in the NCB forms in triplicate. Sample seal of “K” was separately drawn and the parcel of charas was taken into possession. The I.O. prepared the rukka and sent the same to the Police Station Kullu through Const. Sanjay, upon which, FIR was registered. The I.O. prepared the spot map. The case property was produced before S.I. Harish Chander who resealed the same with three seals of letter “H”. He also filled in the relevant columns of NCB forms and thereafter, the case property alongwith sample seals, NCB form and other relevant documents was deposited with MHC Ram Krishan, who incorporated the entry of articles in malkhana register. On 21.12.2012, after filling in column No. 12, MHC Ram Krishan sent the case property through Const. Rajesh Kumar vide RC No. 284 of 2012 to FSL Junga, who deposited the same under receipt. Report of the FSL 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 8 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. Balwant Singh Thakur, Advocate appearing vice Mr. Bhim Raj Sharma, Advocate for the accused has vehemently argued that the prosecution has failed to prove its case against the accused. On the other hand, Mr. Parmod Thakur, learned Addl. Advocate General for the State has supported the judgment of the learned trial Court dated 21.6.2014.

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

6. PW-3 MHC Ram Krishan testified that on 20.12.2012, SI/SHO Harish Chander deposited