Narcotics--Acquittal--Only the accused was produced before the Illaqua Magistrate and the case property, along with the sample, was not produced, and the Illaqua Magistrate had not appended his initials on the sample and the case property.

Kanwaljit Singh Ahluwalia, J.

1. Present appeal has been preferred by Ganga Dhar son of Hukam Chand, aged 40 years. He was named as an accused in case FIR No. 7 dated 31.01.2000 registered at Police Station Loharu under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as, the Act).

2. The Additional Sessions Judge, Bhiwani, vide his judgment dated 4th February, 2001 held the appellant guilty of the offence punishable under Section 15 of the Act and vide a separate order of even date, sentenced him to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1.00 lakh, in default of payment of fine to further undergo rigorous imprisonment for one year.

3. As per the prosecution case, on 30th January, 2000, 24 kilograms of poppy straw was recovered from the possession of the appellant.

4. Briefly stated, case of the prosecution is found in the FIR Ex.PG. SI Sampat Ram, SHO of Police Station Loharu, on 31st January, 2000 accompanied by his companion police officials, was going to village Dhani Rahimpur in connection with patrol duty and nakabandi in a Government vehicle, which was being driven by Constable Ved Parkash. ASI Sajjan Singh, HC Bhoop Singh and Constable Abhey Singh were also members of the police party. When the police party reached near the bus stand of Loharu, one Partap Singh son of Sheo Karan met them and when he was having conversation with the police officials, at that time, accused was spotted coming from the side of bus stand. He was carrying one gunny bag on his head. On suspicion, the said person was apprehended and on interrogation, he disclosed his name as Ganga Dhar son of Hukam Singh. The police officer suspected some contraband article in the gunny bag, and therefore, a notice Ex.PD was served upon the accused. The notice stated that in case the accused desired, he could get himself searched before a Gazetted Officer or a Magistrate. Vide Ex.PA, the accused replied to the notice and stated that he wanted to get himself searched in the presence of a gazetted officer. An information was sent to the Police Station on wireless and services of the Deputy Superintendent of Police were requisitioned.

5. Parveen Kumar DSP PW-1 arrived at the spot. In his presence, search was conducted and the accused was found in possession of poppy straw. On weighment, the poppy straw was found to be 24 kilograms, out of which 200 grams was separated as a sample and it was sealed separately. The sample was sent to the Forensic Science Laboratory, Madhuban, which vide its report Ex.PN, held the same to be poppy straw. After receipt of the report from the Laboratory, a report under Section 173 Cr.P.C. was submitted against the accused.

6. Additional Sessions Judge-II, Bhiwani on 16th August, 2000, charged the appellant for an offence punishable under Section 15 of the Act. The charge stated that on 31st January, 2000, at about 7.15 p.m., the appellant was found in a conscious possession of 24 kilograms of Chura Post without any permit or licence and thus, he committed an offence under Section 15 of the Act.

7. Prosecution examined DSP Parveen Kumar as PW-1. He stated that on receipt of a wireless message, he arrived at the spot. A sample was drawn and the case property along with the sample was sealed by him with his seal PK. He further stated that the seal after use was handed over to ASI Sajjan Singh. He proved the case property as Ex.P1.

8. Partap Singh independent witness appeared as PW-2. The following lines of his cross-examination are required to be noticed :

"I know Sajjan Singh ASI from when he was a constable from last 5/6 years. xxxx xxxx xxxx xxxx

I had met Sajjan Singh ASI earlier as there was litigation amongst our brothers. I had gone 5/6 years back to the police station. Sajjan Singh remained posted at PS Loharu number of times. He helped us and the matter was compromised."

9. Partap Singh PW-2 had stated that he was not cited as a witn