The non-compliance with Section 52A of the NDPS Act, concerning inventory and sampling procedures, renders the prosecution's case invalid.

Sandeep Sharma, J.

1. Instant Criminal appeal filed under Section 374 of the CrPC lays challenge to judgment dated 10.9.2021 passed by the learned Special Judge, Mandi, District Mandi, Himachal Pradesh, in Sessions Trial No. 32 of 2015, titled State of Himachal Pradesh v. Fateh Ram , whereby Court below while holding the appellant/accused (hereinafter referred to as “accused”), guilty of his having committed offence punishable under Section 20 (b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act (in short “Act”), convicted and sentenced him to undergo rigorous imprisonment for a period of six years and pay compensation to the tune of Rs. 60,000/-.

2. Precisely, the facts of the case, as emerge from the record are that SHO Chet Singh (PW10), HC Nand Lal (not examined), HC Rajesh Kumar (PW4), Constable Khem Chand (not examined) and Constable Ramji Dass (not examined), present at Nagchala in the official vehicle being driven by Constable Devender Kumar (not examined) in connection with the theft of Raghunath temple saw the accused coming from Bagla to Nerchowk on foot. Since after having seen police, accused attempted to run away, police apprehended him on the basis of suspicion. Having noticed conduct of the accused coupled with the fact that he was carrying bag Ext.P2, police thought at the first instance, made an attempt to associate independent witnesses, but since none was found, it proceeded to conduct search of the accused by associating HC Rajesh Kumar and C. Khem Chand as witnesses. Police also gave personal search to the accused, but no incriminating substance was found during the personal search of the police and in that regard, memo (Ex.PW4/A) was prepared. However, police recovered one plastic bag (Ex.P-7), containing black coloured stick like substance (Ex.P-8) wrapped with transparent polythene from the bag of the petitioner. Police after having smelled the substance found the same to be cannabis and accordingly with the help of an electronic weighing scale, weighed the same, which was found to be 600 grams. The cannabis was put in the carry bag in the same manner in which it was recovered and thereafter, the carry bag was again tied. All the articles and carry bag were put in the bag in the same manner in which they were recovered. The bag was put in a cloth parcel (Ex.P-1) and the parcel was sealed with 12 impressions of seal 'M'. SHO Chet Singh, conducted the investigation and filled the NCB-1 form (Ex.PW10/C) in triplicate and obtained the seal impression on the NCB-1 form. Sample seal (Ex.PW4/B) was taken on a separate piece of cloth and thereafter, seal was handed over to HC Rajesh Kumar, after the use. The parcel, NCB-1 form in triplicate and sample seals were taken in possession vide memo (Ex.PW4/C), which was signed by HC Rajesh Kumar, C.Khem Singh and accused Fateh Ram. Besides handing over seizure memo to the accused free of cost, SHO Chet Singh sent the rukka (Ex.PW10/A) through HC Rajesh Kumar. HC Rajesh Kumar handed over the rukka to PW7 HC Rohit Thakur and thereafter SHO Chet Singh conducted the investigations at the spot. He after having prepared the site plan (Ex.PW10/B) also recorded the statements of the witnesses as per their versions. Since no plausible explanation came to be rendered on record by the accused qua the possession of the aforesaid quantity of contraband, police arrested the accused and prepared a memo (Ex.PW4/D). After completing necessary codal formalities on the spot, police brought the accused and case property to the police station and thereafter, the case property was handed over to HHC Raj Kumar (PW1), who made an entry at serial no. 1018/2014. (Ex.PW1/A). Afore HHC Raj Kumar deposited the parcel, NCB-1 form, copy of FIR and seizure memo in the Malkhana. Subsequently after HHC Raj Kumar sent entire contraband to FSL Junga on 12.12.2014 for chemical analysis through HC Vikas Thakur PW5 vide RC No. 325/14 (Ex.PW1/B). HC Vikas Thakur deposited all the