Procedural irregularities in the seizure and sampling process can impact the conviction under the NDPS Act, highlighting the importance of evidence sufficiency in identification parades.

JUDGMENT :

Sanjeev Kumar, J.

1. This appeal by the appellant is directed against the judgment of conviction and sentence dated 22.11.2018 passed by the learned Principal Sessions Judge, Jammu (hereinafter to be referred as the ‘trial Court’), in File No. 06/Spl.Challan titled "State versus Paramjeet Singh".

2. Before we advert to the grounds of challenge urged by learned counsel appearing for the appellant, we deem it appropriate to first take note of the prosecution case as was set out before the trial Court.

3. On 06.02.2010, Head Constable Tilak Raj along with Sgct. Jagdev Singh, SPO Bodh Raj and SPO Rohit Salaria were on patrolling duty near Kishanpur and were checking the vehicles at Tawi Pul, Kishanpur. At about 3 pm, a Truck bearing Registration No. 5683/PB09E came from Udhampur which was being driven by its driver accompanied by an unknown person who was also sitting beside him. The Truck was signaled to stop by the police personnel aforesaid and the driver was asked to show the documents of the vehicle. The driver of the vehicle did stop the Truck on the spot, but on being asked about the documents of the vehicle, ran away from the spot along with Truck. The patrolling party boarded a private car and gave a chase to the Truck. They found the Truck parked on the road side at Meneh Morh without there being any person present in the said Truck. The patrolling party checked the Truck thoroughly and found a special cabin made in the bottom of the Truck. In the said cabin, 100 packets of poppy straw weighing two kg each were found.

4. On this, In-charge Head Constable vide Rapat No. 11 Roznamcha dated 06.02.2010 entered a report in the concerned register and sent a docket to the Police Station concerned for lodging of FIR. Upon registration of the FIR, the investigation of the case was entrusted to S.I. Satpal which was later on conducted by Manzoor Ahmed Kohli S.I. and Sh. Ashok Kumar Sharma, S.I.

5. As is the case put up by the prosecution before the trial Court, during the course of investigation, site plan of place of recovery of the contraband was prepared, the SDPO and the concerned Magistrate were also called on the spot and in their presence, 100 packets of poppy straw were seized and put in 04 big bags. 250 gms contraband from one packet out of each of the 04 bags was taken out and sealed as samples. The rest of the contraband put in 04 bags was also seized. The seal was kept on a spurdnama of a civilian witness, namely Krishan Lal.. Upon their sealing again by the Magistrate, the samples were sent to FSL for obtaining expert opinion as to the nature of contraband seized. The Truck from where the contraband was recovered was also seized during the course of investigation.

6. The investigation, conducted by three different Investigating Officers, revealed that number ‘PB09E indicated on the number plate of the vehicle seized was forged, in that, PB09E 5683 was the number of one Motor Cycle owned by Sh. Saroop Singh son of Goga Singh, resident of Lakhan Ke Padda, District Kapurthala. On further enquiry, it was found that the real and actual number of the seized Truck was HP2OC-0479 which was registered with RTO Una, H.P in the name of the appellant, a resident of Dhallan, District Una, Himachal Pradesh. The investigation further revealed that the appellant had got entered his wrong address, in that, he was actually the resident of Alampur, Tehsil Kartarpur, District Jallandhar and was involved in trafficking of illegal drugs. It also came to light that the appellant was involved in four different FIRs under various Sections of NDPS Act registered in Police Station, Kartarpur, Police Station Divison No. 8, Jalandhar and that the challans in the aforesaid cases were pending disposal in the competent Courts.

7. On the basis of aforesaid revelations, the custody of the appellant, who was already in jail in Kapurthala, was obtained and the identification parade got conducted to identify him. The Investigating Agency, after having