Compliance with search procedures in narcotics cases is mandatory to uphold legal standards in evidence collection and conviction.

1. The appellant has been convicted and sentenced by the learned Court below and aggrieved thereby has filed the instant appeal.

2. The case of the prosecution, in brief, is that on 23.06.2014, PW - 8 ASI Swarup Ram along with PW - 2 H.C. Sat Parkash, PW - 3 Constable Dharam Dass left Police Post, Katcha Tank for patrolling after entering rapat Ext. PW - 7 / A. At about 7.00 p.m., when the policy party was present at Bus Stand, Nahan, a bus bearing registration No. HP - 18B - 2584 came from Saharanpur and stopped near Petrol Pump at Bus Stand. Thereafter, all the passengers, except one, alighted from the said bus. The passenger, who did not alight from the bus was having a bag between his legs.

3. On suspicion, the policy party entered into the bus and enquired about the name and address of that passenger, in the presence of driver Pradeep Kumar and conductor Ravi Kant, who disclosed his name and address. Thereafter, the bag of the passenger was checked by the police in the presence of the witnesses and it was found containing nine strips or say 135 Tablets of Netravet - 10 and 70 vials of Rexcof syrup. The accused could not produce any permit / licence for carrying these medicines. The recovered drugs were repacked in the same bag and then put in cloth parcel and sealed with seal impression 'A'.

4. The recovered drugs were taken into possession vide memo Ext. PW - 1 / A. A sample seal was also drawn separately on the cloth piece Ext. PW - 8 / A. The Investigating Officer (PW - 8) also filled in NCB forms Ext. PW - 8 / B in triplicate and impression of seal 'A' was also taken on it. Thereafter, the Investigating Officer prepared ruqa Ext.PW - 3 / A and sent the same to the police station through PW - 3 Constable Dharam Dass, on the basis of which, PW - 9 Inspector Vivek Sharma registered an FIR Ext. PW - 3 / B and also made his endorsement Ext. PW - 3 / C on ruqa. The Investigating Officer also prepared the spot map Ext. PW - 8 / C and recorded the statements of the witnesses.

5. The accused was arrested and thereafter his personal search was conducted as per memo Ext.PW - 2 / A. The Investigating Officer then took the accused and the case property to the Police Station, Nahan and produced the same before SI Vivek Sharma, who re - sealed the case property with seal 'T' and issued re - sealing certificate Ext. PW - 9 / B and the case property along with NCB form, sample of seal were deposited with PW - 4 MHC Sandeep Negi. The Investigating Officer also prepared special report Ext. PW - 6 / A and sent the same to Additional Superintendent of Police, Sirmaur through PW - 3 Constable Dharam Dass. The case property was sent to SFSL, Junga for analysis and obtained report Ext. PW - 8 / E. After completion of the investigation, the challan was prepared and presented in the Court.

6. After taking cognizance, the learned Court below summoned the accused and after putting in appearance by the accused, the copies of challan and other documents were supplied to him. Upon hearing the learned Public Prosecutor for the State and the learned counsel for the accused, charge under S.21 of the Narcotic Drugs and Psychotropic Substances Act (For short ND and PS, Act) was framed against the accused person to which he pleaded not guilty and claimed trial.

7. The prosecution in order to prove its case has examined as many as 9 witnesses. Thereafter, the accused was examined under S.313 Cr.P.C. in which the accused denied the prosecution case in toto. However, the accused stated that he had gone to receive his father - in - law and maternal uncle Jee