The importance of establishing unbroken connectivity of evidence up to the production in court to prove possession under the Narcotic Drugs and Psychotropic Substances Act.

JUDGMENT

Sureshwar Thakur, J. - Through a charge drawn on 23.01.2016,by the learned Special Judge concerned, co-accused Sunil Verma became charged for his committing, an offence punishable , under Section 20, of, the Narcotic Drugs and Psychotropic Substances Act, given his holding exclusive, and, conscious possession, of, 1.105 Kgs. Of charas. Moreover through a charge drawn subsequent thereto, inasmuch, as, on 18.04.2016, co-accused Mohan Lal, became charged for an offence punishable under Section 20, of, the Narcotic Drugs and Psychotropic Substances Act, and, read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, given his along with the afore co-accused Sunil Verma, holding exclusive, and, conscious possession, of, the afore recovered charas.

2. The learned trial Court, through, an verdict made on 8.12.2016, upon, S. Trial RBT No. 1-S/7 of 2016, recorded findings of conviction against the afore charged offenders. In consequence therewith, he imposed, upon, each of the afore charged offenders, sentence(s) of imprisonment extending upto a period of 10 years each, and, also imposed, upon, each of the co-accused, sentence of fine, borne in a sum of Rs.one lakh each, and, in case, of, non payment of, the, afore imposed sentence, of, fine, he imposed a sentence of rigorous imprisonment, upon, each of them, hence extending upto a period of two years each. Both the afore co-accused through casting separate criminal appeals, respectively bearing Cr. Appeal No. 96 of 2017, and, Cr. Appeal No. 2 of 2017, cast a challenge to the afore common verdict made, upon, them, and, obviously, when hence both the afore criminal appeals, arise from, a common verdict, hence both are amenable for theirs being adjudicated, upon, through a common verdict.

3. Through, recovery memo, borne in Ex.PW1/A, charas weighing 1.105 kgs., became recovered at the site of occurrence, from the exclusive, and, conscious possession, of, co-accused Sunil Verma. The afore drawn recovery memo, became prepared, at the site of occurrence, embodied in Ex.PW15/B. A reading of Ex. PW1/A, unfolds, vis-avis, upon, cloth parcel, containing 1.105 kgs of charas, 10 seal impressions, of English Alphabet "D" becoming embossed thereon, and, thereafter, upon, the afore sealed cloth parcel, becoming transmitted to the police station concerned, thereat, as, disclosed by Ex.PW6/D, exhibit whereof, is, NCB form, the SHO concerned, embossing thereon five re-seal, seal impressions, each carrying thereon English alphabet "T". Rukka, borne in Ex.PW15/A, became transmitted through, PW-3 C. Nalin Kumar, No. 465, to the police station concerned, and, thereat a formal FIR qua the seizure as made, through, Ex.PW1/A became registered, FIR whereof carries exhibit mark, Ex.PW6/A.

4. Significantly, there occurs compatibilities inter se the echoings made, in, seizure memo, borne in Ex.PW1/A, and, NCB form, borne in Ex.PW6/D, and, appertaining to the numbers of initially made seal impressions, on the cloth parcel, Ex.P-1, and, also, to, the English Alphabet embossed thereon, at the site of occurrence, by the investigating officer concerned, (i) and, also vis-a-vis, the numbers of re-seal, seal impressions, made thereon, at the police station concerned, by the SHO concerned, (ii) besides, vis-avis, the English Alphabet(s), as, made, upon, re-seal seal impressions, (iii) and, also when compatible therewith reflections become cast in the abstract of Malkhana register, borne in Ex.PW4/A, (iv) and, when thereafter, upon, the case property being transmitted through road certificate, borne in Ex.PW8/A to the FSL concerned, its travelling thereupto, as, unfolded, by paragraph No.7 of the report, of, the FSL concerned, borne in Ex.PW6/F, with all the afore compatibilities, and, synchronizations, appertaining to the afore trite factum probandum, and, whereons, an, affirmative report, is, made, vis-a-vis, the contents enclosed, in the sealed cloth parcel, Ex.P-1, containing charas, Ex.P-5,