Strict adherence to procedural requirements, including the joining of independent witnesses during recovery and the timely and untampered submission of samples, is crucial to ensure the integrity of the prosecution's case.

Sham Sunder, J.

1. This appeal is directed against the judgment of conviction dated 2.9.1998, and the order of sentence dated 3.9.1998, rendered by the Court of Addl. Sessions Judge, Karnal, vide which it convicted the accused/appellant Kundan Singh, for the offence punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter called as `the Act only) and sentenced him to undergo rigorous imprisonment for a period of ten years, and to pay a fine of Rs. 1 lac, and in default of payment of the same, to undergo rigorous imprisonment for another period of 2 years.

2. The facts, in brief are that on 21.2.1996, Sham Lal, ASI, alongwith Gurdial Singh, HC, and Karam Vir, Constable, was on patrol duty, and when they reached near Singhra crossing Kuchpura, a person was seen coming from the side of Karnal, having a white bag, in his hand. On seeing the police party, he turned back. On suspicion, he was apprehended. On interrogation, he disclosed his name Kundan Singh S/o Attar Singh. The search of the bag, being carried by him, was conducted, in accordance with the provisions of law, which resulted into the recovery of 2 Kgs. Poppy-husk (chura post), now falling within the gambit of non-commercial quantity. A sample of 200 grams, was separated therefrom. The sample, and the remaining poppyhusk, were converted into parcels, duly sealed with the seal, bearing impression `SL, and thereafter, the same was taken into possession. The accused was arrested. Ruqa was sent to the Police Station, on the basis whereof, the formal FIR was registered. Rough site plan of the place of recovery, was prepared. The statements of the witnesses, were recorded. After the completion of investigation, the accused was challaned.

3. On appearance, in the Court, the copies of documents, relied upon by the prosecution, were supplied to the accused. Charge under Section 15 of the Act, was framed against him, to which he pleaded not guilty and claimed trial.

4. The prosecution, in support of its case, examined Ishwar Singh, ASI (PW-1), Gurdial Chand, HC (PW-2), Sham Lal, ASI (PW-3), and Bhum Singh, Inspector (PW-4). The Public Prosecutor, also tendered into evidence Ex.PA, affidavit of Shingara Ram, Constable, and Ex.PB, repot of the Assistant Chemical Examiner. Thereafter, he closed the same.

5. The statement of the accused under Section 313 Cr.P.C., was recorded, and he was put all the incriminating circumstances, appearing against him, in the prosecution evidence. He pleaded false implication. He, however, did not lead any evidence, in his defence.

6. After hearing the Public Prosecutor for the State, the Counsel for the accused, and, on going through the evidence, on record, the trial Court, convicted and sentenced the accused, as stated herein before.

7. Feeling aggrieved, against the judgment of conviction, and the order of sentence, rendered by the trial Court, the instant appeal, was filed by the accused/appellant.

8. I have heard the learned Counsel for the parties, and have gone through the evidence and record of the case, carefully.

9. The Counsel for the appellant, at the very out-set, contended that though the alleged recovery was effected, from the accused, from a public place, yet no independent witness, despite availability, was joined by the Investigating Officer. He further contended that, even no effort was made by him, to join an independent witness. He further contended that, on account of non-joining and non-examination of an independent witness, the case of the prosecution became doubtful. Gurdial Chand, HC, (PW-2), during the course of his cross-examination, stated that the ASI asked 2-3 persons to become witnesses, but they showed their inability, to do so. He further stated that he could not tell their names. Sham Lal, ASI, (PW-3), the Investigating Officer, during the course of his cross-examination, stated that there are shops, near the place of recovery, and people were coming and going. He fur