The prosecution under the NDPS Act bears a heavy burden to prove foundational facts, and a heightened scrutiny is necessary to convict an accused. Flawless investigation and safeguarding evidence from tampering are crucial.

Satish Kumar Mittal, J.

1. Appellant Didar Singh has filed this appeal against the judgment dated 25.10.2006 passed by the Judge, Special Court, Amritsar, whereby he has been convicted under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and sentenced to undergo rigorous imprisonment for a period of 12 years and to pay a fine of Rs. one lac and in default whereof, he shall further undergo rigorous imprisonment for a period of one year.

2. As per the prosecution version, on 7.2.2004 at 5.00 p.m. SI Vishwa Mitter, Incharge, CIA Staff, along with other police officials, was present in the government gypsy at the bridge of canal Sultanwind, Amritsar, in connection with patrolling and in search of bad elements. There he received a secret information through a special informer that appellant Didar Singh, whose house was situated behind Police Station, Sultanwind, was indulging in selling of opium at large scale, and if a raid was conducted, he could be apprehended red handed and opium in heavy quantity could be recovered. On rving the said information, the police party went towards the house of the appellant and on the way one Gurmej Singh, resident of Gurnam Nagar, Sultanwind Road, Amritsar was joined and a raid was conducted. The raiding party found that a person holding a black colour bag in his left hand was standing on the gate of the house. On seeing the police party, he tried to run towards his left side, but was apprehended. Upon enquiry, he disclosed his name as Didar Singh. The police official told him that he was suspected of having opium in his possession and his search was to be conducted. He was given option whether he wanted the search to be conducted from a Gazetted Officer or a Magistrate. He told the police officials that he wanted to get his search conducted from a Gazetted Officer. Thereupon, SI Vishwa Mitter (PW1) gave intimation to Shri Ranvir Singh, DSP on his mobile phone upon which the DSP reached the spot within seven minutes. He disclosed his identity to appellant Didar Singh and told him that he was a Gazetted Officer and he was being suspected of having opium, therefore, his search was to be conducted. He was again given offer whether he wanted his search conducted from a Gazetted Officer or a Magistrate. Then appellant Didar Singh gave his consent to be searched in the presence of a Gazetted Officer. Thereupon, SI Vishwa Mitter (PW1) on the instructions of DSP Ranvir Singh, conducted search of appellant Didar Singh which led to the recovery of opium from the bag kept by him in his left hand. Two samples of 100 grams each were taken from the recovered opium and the remaining opium on weight found to be 9.800 Kgs. The same was converted into separate parcels which were sealed with seal VMand seal of DSP RS. The seal after use was handed over to ASI Gurcharan Singh. When the accused could not produce any proof of licence for keeping the opium, in his possession, he was found to have committed the offence under Section 18 of the Act. After completing all the formalities, the ruqa (Ex.PG) was sent at 6.30- p.m. through HC Gurdip Singh for registration of the criminal case: On the basis of the said ruqa, the formal FIR (Ex.PH) was recorded by ASI Beant Singh on 7.2.2004 at Police Station Sultanwind at 6.50 p.m.

3. The accused was arrested vide arrest memo Ex.PE, and Ex.PF is the site plan of the place of recovery. The police party then returned to the Police Station along with the accused. Case property with all seals intact was handed over to SI Mandip Singh, SHO, Sultanwind, who also affixed his own seal bearing impression MS on the case property and sample seal. On the next day the accused was produced before the Area Magistrate. Subsequently, the samples were sent to the office of Chemical Examiner, Chandigarh. As per the report of the Chemical Examiner, Ex.PK, the contents of the parcel were that of opium.

4. After completion of the inves