The integrity of the seized substances and the link evidence from seizure to examination is crucial in establishing the admissibility and reliability of evidence in narcotics cases.

Surinder Singh, J (Oral) Appellant hereinafter referred to as the “accused” was chargesheeted and tried for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short ‘the Act’ and sentenced to under imprisonment for a period of seven years and to pay a fine of `70,000/- for allegedly keeping in possession of 630.36 grams of resin content of cannabis plant, 37.08% was in the recovered stuff of 1 kg. 700 grams. Hence the present appeal.(i) In nutshell, prosecution case can be stated thus. On 30.5.2009, at about 5.30 p.m. PW3 ASI Balbir Singh accompanied by H.C. Lal Chand, Constable Bheem Sen and Nanak Chand were confronted with the accused a Nepalese while going on foot on Ramsheela Tapu Bridge. On seeing the police, accused tried to escape but was over powered on suspicion. His identity and whereabouts were asked in the presence of PW1 Achhar Singh, who was associated by the police on the spot. Accused was carrying a bag (Ext. P3) in his hand. Police suspected that accused might be carrying narcotic with him as such gave him an option in writing Ext. PW1/B whether he wanted to be himself searched before a Magistrate or a Gazetted Officer. He opted to be searched by the police party present on the spot. Thereafter ASI Balbir Singh aforesaid rendered himself to be searched by the accused but no incriminating article was found in his possession. To this effect memo Ext. PW1/C was prepared.(ii)Thereafter, PW3 ASI Balbir Singh conducted the search of the polythene bag to which the accused was carrying in his hand, it contained 1 kg 700 grams stuff in the shape of pancake. Out of the recovered stuff, two samples of 25 grams each were separated and sealed with seal impression ‘X’ at three places. The remaining bulk was also sealed with the same seal. Police filled in the NCB forms in triplicate, one of which is Ext. PW3/A. Facsimile of the seal was taken on the relevant column of the forms and the sample of seal was also drawn on a piece of cloth Ext. PW1/D. (iii) Case property was taken into possession vide seizure memo Ext. PW1/A in the presence of the witness which was duly signed by him. (iv) Ruka Ext. PW3/C was sent for the registration of the case which culminated into FIR Ext. PW9/A. (v) Police also prepared the site plan Ext. PW3/B of the alleged place of recovery and recorded the statements of the witnesses. (vi) Accused was arrested. He was informed of grounds of arrest. (vii) Special report was sent to the D.S.P. Head quarters within the statutory period.(viii) Case property was produced before Inspector PW9 Prem Dass. It was re-sealed by him with seal impression ‘A’. Its facsimile was also taken on the NCB forms. He took the sample of seal used by him on a piece of cloth is Ext. PW9/B. He also filled in relevant column Nos. 9 to 11 of the NCB forms and handed over the case property to PW5 MHC Manoj Kumari along with sample of seal and NCB forms etc. (ix) PW5 MHC Manoj Kumari made the entry in the Malkhana Register with respect to the case property, extract of which Ext. PW5/A. (x)On 31.5.2009, one of the sample parcels was sent through PW6 constable Pritam Singh for its analysis to the forensic science laboratory, Junga which was taken by him vide R.C. Ext. PW5/B along with police docket containing NCB forms, sample of seals and copy of the FIR, which were received in the laboratory on 1.6.2009. On its examination, the Laboratory issued the examination report Ext. PW8/A to the effect that the sample parcel contained 37.08% W.W. resin of the cannabis plant and the sample was that of charas.

2. After completing the challan, it was presented in the court for the trial of the accused for the offence aforesaid.

3.Thereafter remaining bulk, seals, second sample which were in the custody of the police were also sent for the chemical examination to FSL Junga. It also tested positive. The report is Ext. PW9/C and supplementary challan was presented against the accused.