The failure to prove the integrity of the contraband sample and the absence of independent witnesses can lead to the dismissal of charges under the Narcotic Drugs and Psychotropic Substances Act.

Hemant Gupta, J.

1. The present appeal by the State has been directed against the judgment of acquittal dated 20.9.1994 passed by Additional Sessions Judge, Sonepat in a case FIR No. 110 of 29.3.1993 under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Ganaur, District Sonepat.

2. Respondent-accused was apprehended on 29.3.1993 at Ganaur-Sonepat Road, Agwanpur turning near Railway Crossing. Present FIR was recorded on the basis of the rukka sent by Mahabir Singh ASI on 29.3.1993, which reads as under :

"Today, I the ASI along with, Satbir Singh C.No. 92, Dharampal No. 608 and Om Parkash No. 724 was present on the road leading from Ganaur to Sonipat at Agwanpur turning near Railway Crossing Ganaur in connection with Patrol duty. A young boy was seen coming by road from the side of village Raju-Garhi having a Khaki coloured bag having strings, in his right hand. On seeing the Police Party he became perplexed and retracted his steps. On suspicious, I the ASI with the help of the accompanying officials apprehended him, and I asked his name and address. He told his name as Ramesh Kumar son of Ram Singh, caste Gujar, resident of K.D. Nagar, Ganaur. I the ASI gave him a notice in writing, to the effect that I want to conduct your personal search and told that you could get your search conducted by a gazetted officer. But Ramesh Kumar reposed faith in me. I searched the brown coloured bag and recovered charas in the shape of sticks and round ball, wrapped in a blue glazed paper. The accused could not produce any licence or permit for keeping the same. Recovered charas was weighed at the spot, and it came to be one kilogram. Out of the recovered charas, 50 grams was separated as sample. The sample and the remaining recovered charas was put into two separate tin boxes. Parcels were prepared and were duly sealed with the seal bearing letters "MS". The seal together with the bag was handed over to Dharampal C.No. 608 after its use. Ramesh Kumar accused has committed an offence under section 20-B NDPS Act by keeping in his possession 1 kilogram charas. So rukka is being sent to the police station through Om Parkash C.No. 724 for registration of a case. After registration of the case, its number may be informed. I the ASI am busy in investigation at the spot."

3. Consequent to the rukka, First Information Report was recorded and a sample was sent for chemical examination to Forensic Science Laboratory, Madhuban. Although the sample sent weighed 50 grams but as per the report of Forensic Science Laboratory, the weight of the sample was 44 grams.

4. On completion of investigation the prosecution challaned the respondent- accused and in support of the allegations the prosecution examined various witnesses. Statement of accused under section 313 Cr.PC was recorded. However, the trial Court on appreciating the evidence passed an order of acquittal holding that there is non-compliance of provisions of Section 50 of the Act and that here are contradictory statements of PWs Dharam Pal and Satbir Singh.

5. We have heard Shri D.P. Singh, Additional Advocate General Haryana for the appellant-State and Shri S.S. Narula, Advocate, counsel for accused-respondent and with their assistance gone through the records of the case and are unable to agree with the State Counsel.

6. The prosecution has failed to prove that the sample of contraband was kept in the same condition before it was sent to Forensic Science Laboratory, Madhuban. As per PW Dharampal, the seal was given to him after sample was sealed. However, PW Satbir Singh has stated that the seal was kept by the Investigating Officer. Even otherwise, the sample part Ex. P.2 bears the date 27.3.1993 when admittedly the accused was apprehended on 29.3.1993. These facts are relevant as the weight of the sample with the Forensic Science Laboratory was found to be 44 grams as against the stand of the prosecution that the weight of sample was 50 gr