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2. The appellants have impugned the judgment dated 11.07.2018 and order dated 12.07.2018 on the grounds that the trial Court has not appreciated the evidence in its right perspective and further has not taken into consideration the contention of the appellants regarding non-production of material witness, namely, PW-Yasir Rashid, who carried the docket to the concerned Police Station for registration of FIR, particularly when after the closure of prosecution evidence, the said witness was summoned by the trial Court on the motion laid by the prosecution under Section 540 of Cr.P.C.; that there is material contradiction with regard to the commencement of the investigation by the investigating officer (IO) as IO in his cross examination, has stated that he reached the spot at about 10:30 p.m. and thereafter commenced investigation whereas all other witnesses have categorically stated that IO came on spot at 8:30 p.m. and took the accused along with seized material with him at about 9:00 p.m. that is altogether different so far as the contents of FIR is concerned; that IO, namely, Mukhtiar Ali in his cross examination had stated that when he reached the place of occurrence, a docket was given to him by ASI-PW-Akbar Hussain which is contrary to the prosecution story; that the learned trial court has not appreciated that both the independent witnesses i.e. PW-3 Mohd. Alam and PW-4 Mohd. Javed have not supported the prosecution case and have categorically stated in their statements before the trial Court that no contraband was recovered from the possession of the appellants in their presence; that as per the provisions of NDPS Act, it was imperative on the part of the investigating Agency to prove the re-sealing of the samples but in the instant case, Naib Tehsildar, namely Saif-ul-Maluk, who allegedly re-sealed the samples was not listed in the list as witness but was examined later on, on the motion of prosecution in terms of Section 540 of Cr.P.C., however, the original certificate pertaining to re- sealing of samples was neither in the court file nor with CD file which means that re-sealing of the samples was not at all proved by the prosecution; that the seal used for sealing the samples was kept on the Supardnama of PW- Constable Shahjahan, but the said witness never produced the seal before the Court as also the I.O did not bother to hand over the ring used for sealing to independent witnesses; that there was delay in forwarding the samples to FSL for chemical examination as the material was seized on 27.04.2016 and samples those were taken from the seized material were sent to Naib Tehsildar for re-sealing on 02.05.2016 and further that the samples were received in the laboratory on 03.05.2016; that there is delay of six days in sending the samples to the FSL for which the prosecution has offered no explanation; that the IO did not bother to annex copy of Malkhana Register by virtue of which it can be established that the samples were kept in the safe custody and the Mohrar Head Constable was not cited as a witness in the case which clearly shows that the prosecution miserably failed to prove the safe custody of the samples till they reached the FSL; that two witnesses, who were allowed to be re-examined by the trial Court by allowing application of the prosecution in terms of the Section 540 of Cr.P.C. i.e. PW-Shah Jahan and PW-Mukhtiar Ali could not identify the material showed to them in the Court by the Public Prosecutor and this fact has not been considered by the learned trial court and that it is not forthcoming from the charge sheet from where the seals of SDPO appeared on the samples which clearly shows that the samples were tempered by the investigating agency and that the provisions of Sections 52, 55 and 57 of the NDPS Act have not been complied with.

9. PW-2-Head Constable-Shahjahan stated that he knows the accused. On 27.04.2016, he along with other police officials had laid a Naka in front of Wave Mall and around 8:00 p.m., one truck bearing registration No. JK02AL-5781 going from Narwal to Kunjwani, was stopped and checked. The truck was driven by Kali Dass and owner of the truck Asha Singh was also in the truck. When the truck was checked, one plastic bag was found beneath the seat of the driver that was containing six packets wrapped in polythene and the charas weighing 12 kg and 480 grams was found in it. The charas was got weighed by Incharge Police Post through shop keeper Javed S/o Faker Din. 30-30 grams of charas was extracted from each of the packets and samples were prepared and marked as A and A-1. Ring was kept on his supardnama. Seizure memo was prepared in his presence and was signed by him as well as Sarpanch, namely, Noor Alam. The contents of seizure memo are true and they are marked as EXTP-2 and EXTP-2/1. The scrap of tractors was loaded in the truck. In cross examination, he stated that he did not accompany the investigating officer on spot but he was already there. Prior to the checking of the truck, 30-40 vehicles were also checked. This is correct that place of occurrence was a road. When the truck was stopped, vehicles were plying on the road. The truck was stopped by ASI- Akbar Hussain. ASI had gone inside the truck. A bag was recovered by ASI from the truck and he told that it was having charas. Time was 8:30 p.m. Incharge Police Post had come on spot after 10 to 15 minutes. During checking, no civilian was called on spot. Incharge Police Post had brought the weighing machine with him and the machine was electronic. He did not know the weight of each packet. 30-30 grams was extracted from each packet and the samples were wrapped in a cloth. Ring was with him and it was used for the purpose of sealing. Six ring impressions were affixed upon the packets. There were six packets and they were sealed separately. It took about 1 and ½ hour for completion of proceedings and thereafter they along with ASI came back at Police Post at around 9:30 p.m. There was darkness at that point of time but there was a flood light. EXTP-2 and EXTP-2/1 were prepared by Sub Inspector himself and his statement was also recorded by Sub Inspector. Sarpanch of Narwal was present on spot. Ring was given to him and not to Sarpanch. He had kept the ring in Police Post. He has not produced ring in the court but can produce the same, if ordered by the court. His statement was recorded on spot. The photographs were also taken. This witness was re- examined by the trial court pursuant to the motion laid by the prosecution in terms of Section 540 of Cr.P.C. In his chief examination, he stated that seizure memo was prepared in his presence and he had signed the same. He identified the six packets those were recovered from appellants. In cross examination, he stated that his earlier statement was correct. Seized material that was shown to him in the court today was laying in a bag which was wrapped in cloth bag. The bag was having eleven seals and inside it six packets were found those were not sealed. He had given a statement that each packet was sealed with six seals but the packets those have been seen by him are not sealed. Seized packets were not sealed by him but were sealed by IO. The material shown to him today is in the shape of strips.