IMPORTANT POINT
Delay in sending sample to Laboratory for analysis would not affect prosecution case adversely when seal had remained in possession of public witness till sample reached laboratory.

JUDGMENT (ORAL)

L.N. Mittal, J.—Convict Prem Singh has filed this criminal appeal assailing his conviction and sentence ordered by learned Additional Sessions Judge, Chandigarh vide judgment and order dated 19.12.1998 thereby convicting the appellant under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, the ‘Act’) and sentencing him to undergo rigorous imprisonment for ten years and to pay fine of Rs.1,00,000/- and in default of payment thereof, to undergo further rigorous imprisonment for two years.

2. Prosecution case is that on 14.5.1997, on receipt of secret information, Police Party headed by SI Jagir Singh laid Naka. Amrik Singh PW was also joined. Appellant Prem Singh and his brother Pritpal Singh came from the side of village Dadu Majra. They tried to go back on seeing the police but were apprehended by the police. On suspicion that the appellant was having charas in his possession, he was informed of his right to be searched in presence of a gazetted officer or Magistrate. He opted to be searched in presence of a Gazetted Officer of Police. Accordingly, Surjit Singh, Deputy Superintendent of Police was called to the spot. The bag hanging on the left shoulder of the appellant was searched. It was found to contain charas wrapped in a glazed paper. On weighing, it was found to be 1 Kg. Out of the recovered charas, sample weighing 10 grams was separated. Separate parcels of sample and the remaining charas were prepared and sealed. FIR was got registered by sending ruqa to the police station. Rough site plan of the place of occurrence was prepared. Statements of witnesses were recorded. On reaching the police station, the accused appellant was produced before Inspector/SHO Mani Ram along with case property and witnesses. Inspector Mani Ram verified the investigation and affixed his own seal on the case property. Scaled site plan of the place of occurrence was also got prepared. The sample on analysis was found to be of charas. Accordingly, on completion of investigation, report under Section 173 of the Code of Criminal Procedure (in short, Cr.P.C.) was presented for trial of the accused under Section 20 of the Act.

3. Charge under Section 20 of the Act was framed against the accused who pleaded not guilty and claimed trial.

4. In support of its case, prosecution examined ten witnesses. DSP Surjit Singh (PW-2), Amrik Singh (PW-3) an independent witness, and SI Jagir Singh (PW-4) have broadly stated according to prosecution version about recovery of 1 kilogram charas from the accused-appellant. SI Jagir Singh (PW-4) also stated about investigation of the case conducted by him. Draftsman was examined to prove the scaled site plan. Inspector Mani Ram stated that the accused was produced before him and after verification of facts, he affixed his own seal on the parcels. He also recorded statements of some formal witnesses. A.K. Srivastava, Junior Scientific Officer (PW-10) was examined to prove the report of analysis of the sample. Some other formal witnesses were also examined.

5. The accused in his examination under Section 313 Cr. P.C. denied all the incriminating circumstances appearing against him in the prosecution evidence and claimed to be innocent. He alleged that he is a rickshaw puller. He used to be called to police station many times for manual work. However, this time he was called to the police station and was falsely implicated in the case.

6. In defence, accused-appellant examined two witnesses. Mohan Singh (DW-1), father of the accused, and Jai Kumar (DW-2) neighbour of the accused broadly stated about defence version of the accused.

7. Learned trial Judge convicted and sentenced the accused appellant vide judgment and order dated 19.12.1998 as noticed hereinbefore. Feeling aggrieved, the convict has filed the instant appeal.

8. I have heard learned counsel for the parties and perused the case file including file of trial Court with their assistance.

9. Learned counsel for the