Acquittal--Prosecution has not assigned any reason for entrusting the seal to the Police Official--CFSL form neither prepared at the spot nor deposited in Malkhana.

Harbans Lal, J.

1. This appeal is directed against the judgment/order of sentence dated 10.5.1995 rendered by the Court of learned Additional Sessions Judge, Ferozepur, whereby he convicted and sentenced the accused to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000.00 and in default of the same, to further undergo rigorous imprisonment for three months u/s. 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, the Act).

2. As set up by the prosecution, on 21.9.1992 SI Tara Singh, along with other police officials, was going in a Police Canter for patrolling. When the police party reached the Kacha path leading to village Dharam Singh Wala, the accused appeared from the side of village Dharam Singh Wala on the cycle. He fell down from the cycle, he was apprehended. There was a gunny bag on the carrier of his cycle. The above mentioned Sub Inspector asked the accused to tell whether he wanted to be searched in the presence of a Gazetted Police Officer or a Magistrate. He offered to be searched by the Sub Inspector. The consent memo. Ex. PB was prepared which was attested by Iqbal Singh and Shivdev Singh, who were called from village Killi Gandhara. On search of the gunny bag, poppy husk was recovered. When weighed the same came to 40 Kg. and 100 grams. 100 grams of poppy husk was drawn to serve as sample. Thereafter the sample and the gunny bag containing the residue were converted into separate parcels and sealed with seal TS and seized vide Memo. Ex. PC along with cycle, Ex.P2. As a result of personal search of the accused, currency notes worth Rs. 108 were recovered, which along with a wrist watch, were taken into possession vide Memo. Ex. PD. Ruqa, Ex. PE was sent to the Police Station, where on its basis, formal FIR, Ex. PE1 was recorded. On return to the Police Station, the Sub Inspector produced the accused along with the case property before the S.H.O. Avtar Singh, who sealed the case property with his own seal AS and took the same into possession vide Memo. Ex. PF. On receipt of Chemical Examiners Report and after completion of investigation, the charge-sheet was laid in the Court for trial of the accused.

3. The accused was charged u/s. 15 of the Act, to which he did not plead guilty and claimed trial. To bring home guilt against the accused, the prosecution has examined Dr. Ajit Singh PW1, SI Tara Singh PW2, Inspector Avtar Singh PW3, Constable Sat Pal PW4, Head Constable Balraj Singh PW5 and closed its evidence.

4. On close of prosecution evidence, when examined u/s. 313 of the Code of Criminal Procedure, the accused denied all the incriminating circumstances appearing in the prosecution evidence against him and pleaded false implication. He has put forth that he had a dispute with one Naranjan Singh at Kot Isekhan, who managed to get him arrested in the police post where he was tortured and to justify the injuries caused to him by the police, he has been involved in a false case. In defence, he examined Shivdev Singh, DW1 and Iqbal Singh, DW2 and closed his defence evidence.

5. After hearing the learned Additional Public Prosecutor for the State, the learned defence counsel and examining the evidence, the learned trial Court convicted and sentenced the accused as noticed at the outset.

6. Feeling aggrieved with the judgment/ order of sentence dated 10.5.1995, the accused has preferred this appeal.

7. I have heard Mr. Bipan Ghai, Advocate, counsel for the appellant as well as Mr. K. S. Pannu, learned Assistant Advocate General, Punjab, for the State.

8. Mr. Bipan Ghai, Advocate, appearing on behalf of the appellant, urged with great eloquence that it is in the cross-examination of SI Tara Singh PW2 (Investigator) that Iqbal Singh and Shivdev Singh, independent witnesses were called from village Killa Gandhara to join investigation. In the same vein, he has testified that the seal after use was handed over to Head Constable Balraj Singh. He further contende