- (1.)Heard and gone through the record. Precisely, the case of the prosecution is that a police party headed by PW-9 SI/SHO Anup Singh was present near Forest Check Post Giri Pul, falling under Police Station, Rajgarh, in connection with traffic checking. They spotted the appellant, hereinafter referred to as "the accused", coming on foot from the side of the PWD Gang-hut Sanaura, who on seeing the police got perplexed and started walking hastily. PW-9, aforesaid entertained suspicion of keeping some contraband by him. The accused was stopped and his identity was asked to which he disclosed. Thus, he gave him an option to be searched before the police party or before the Gazetted Officer. The accused opted to be searched by the police. To this effect, memo Ext. PW-1/A was executed.
(ii) On carrying out the personal search of the accused, police recovered 400 grams stuff from the inner pocket of his jacket, which was in the shape of small billets. Out of the recovered stuff, two samples of 5 grams each were separated and sealed by making a parcel in small match boxes. PW-9 SI/SHO Anup Singh affixed the seal on it producing the impression of English letter "T". The remaining bulk was sealed with the same seal. Its facsimile was also taken on a piece of cloth. After its use, the seal was handed over to one Daya Ram. (not examined)

(iii) The case property was taken into possession vide memo Ext. PW-1/B. PW9 police also filled in the NCB forms in triplicate, one of which is on the reverse side of Ext. PX-I.

(iv) The seizure of narcotic drugs was informed to Dy.S.P. Headquarters, Nahan on telephone on 25th January, 2004. Special Report Ext. PW-6/A was sent to SDPO. On the basis of Rukka Ext. PW-8/A, a formal FIR was registered.

(v) The case property alongwith NCB forms and sample parcels were deposited in the Malkhana with PW-3 MHC Ashok Kumar on the same day. The police had also prepared site plan Ext. PW-9/A of the place of alleged recovery. Both the sample parcels were sent to CTL, Kandghat on 27.1.2004 through PW- 4 Constable Ram Kumar vide R.C. Ext. PW-3/B which were deposited in the laboratory. To this effect, a receipt was also taken on the R.C. and on return, it was handed over to MHC.

(vi) The sample parcels were examined in the laboratory. On the basis of the test, the Chemical Examiner was of the opinion that both exhibits contain the contents of "Charas". The report is Ext. PX-1.

(2.)On completing the investigation, challan was presented in the Court for the trial of the accused. He was accordingly charge-sheeted to which he pleaded not guilty and claimed trial.
(3.)To prove its case, the prosecution examined its witnesses. The accused was also examined under Section 313 of the Code of Criminal Procedure. He took up the stand that he was going to Rajgarh to meet his relations. On reaching Rajgarh bazaar, he went to a liquor shop. Since the liquor vendor was charging extra price, a quarrel took place. The vendor called the police. PW-9 SI/SHO Anup Singh came there in plain clothes and gave him two slaps. On this, he had a quarrel with him. Thereafter, he forcibly took him to police station and foisted a false case against him. When called upon to enter upon his defence, he did not lead any evidence in defence.