“12. As stated earlier the seized contraband were produced before the CJM only on 16.8.2006, the prosecution has to explain how it could be produced after a gap of two days. The prosecution has to explain where and how the seized contraband articles were kept after being seized on 13.8.2006 at 3.30 p.m. till their production before CJM on 16.8.2006. Where were the contraband kept on the night of 13.8.2006, whole day and night of 14.8.2006 till production on 16.8.2006 before the Magistrate? Were they kept in the safe personal custody of O.C. PW7 or in the Malkhana? The O.C., PW7, who was also I.O. of the case, in his deposition made no statement as to how, where and whose custody the seized contraband were kept. He has never stated in his evidence that they were kept under his personal care and custody or in the custody of his subordinate official or he specifically authorized some official to take care and custody of the contraband nor has he stated that he kept the contraband in the Malkhana. Had the seized contraband were kept in the Malkhana it was incumbent upon the; prosecution to produce the Malkhana register to show/prove that it was kept in safe custody of the police Malkhana. Keeping of the seized contraband in safe custody from the time of seizure till production before the CJM or Magistrate and drawing, packeting and sealing of sample for sending it to FSL, is a statutorily cast duty of the O.C. He cannot escape from this duty and responsibility merely showing that he produced the seized contraband and sent the sample of the contraband to the FSL. The prosecution took no care to produce the Malkhana register. It is a serious irregularity on the part of the prosecution which may result in to quashment of conviction and sentence. In this regard, I am persuaded to refer to the State of Rajasthan v. Gar mail Singh, (2005) 3 SCC 59. It was a case where the prosecution claimed that seized articles were kept in Malkhana till it was taken over but the Malkhana register was not produced in support thereof. It was in such situation, considered as a serious infirmity in the prosecution case. Section 55 of the NDPS Act is exhaustive in regard to taking charge of articles seized and keeping them in custody