The central legal point established in the judgment is the requirement to prove conscious and intelligent possession of contraband beyond reasonable doubt, including establishing ownership of recovered items and ensuring untempered seal from seizure to examination.

Satish Kumar Mittal, J.

1. This appeal is directed against the judgment and order dated 14.3.1992, passed by Additional Sessions Judge, Bathinda, vide which the appellant Baldev Singh has been convicted under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. one lac.

2. As per the prosecution version, during the intervening night of 5/6.8.1990, when SI Balbir Singh along with other police officials was going for patrolling in the Govt. jeep No. PJB-3379 from Police Station City Mansa to the illaqa of City Mansa, one Piara Singh was associated. When the police party reached in the area of Mansa Khurd, the appellant and one Ghukar Singh (who died during the trial) were found sitting on two bags in a plot. On seeing the police party, they became perplexed and tried to slip away. On the basis of suspicion, they were apprehended. Option of search before some gazetted officer or the Magistrate was given to them, but they reposed confidence in the Investigating Officer. Thereafter, on search of the bags, poppy husk was recovered. From their personal search, Rs. 5/- and Rs. 10/- were recovered from the appellant and his co-accused Ghukar Singh, respectively. Samples of 250 grams each were taken from both the bags. The remaining poppy husk in both the bags, on weighment, was found 40 kgs. each. The samples as well as both the bags containing remaining poppy husk were sealed with the seal having impression B.S. and the recovered contraband with samples were taken into possession vide recovery memo Ex. PB. Thereafter, ruqa Ex PH was sent to the police station, on the basis of which formal FIR Ex. PH/1 was recorded by Gurcharan Singh Moharar Head Constable. The samples were sent for chemical examination. As per report of the Assistant Chemical Examiner, Ex. PG, the contents of the sample were of poppy husk. After completing the investigation, challan was filed against both accused and charge under Section 15 of the Act was framed, to which they did not plead guilty and claimed trial.

3. In order to prove the charges against the accused, the prosecution examined ASI Balwant Singh (PW-1) and SI Balbir Singh (PW-2). Affidavits of HC Gurcharan Singh, Ex. PE, and Constable Hari Ram, Ex. PF, were also tendered.

4. The appellant, in his statement recorded under Section 313 Cr.P.C., denied the allegations and claimed himself to be innocent. He alleged that in fact a dispute took place between Ghukar Singh and one Gurdev Singh and that he had gone there to settle the matter. He further stated that the police apprehended Ghukar Singh and on this an altercation took place between him and the police, on which the police took him to the police station, where he was falsely implicated in this case. In defence, the appellant examined Ajmer Singh, Gurbax Singh and Constable Dalbir Singh.

5. On consideration of the aforesaid evidence led by both the parties, the trial court convicted and sentenced the appellant under Section 15 of the Act. Hence, this appeal.

6. Counsel for the appellant submitted that in this case, the prosecution has failed to prove the alleged recovery of the poppy husk from the conscious possession of the appellant. He submitted that from the statements of both the official witnesses, examined by the prosecution, neither recovery of the alleged contraband from the person of the appellant nor his conscious possession of the same has been proved, particularly when Piara Singh, the alleged independent witness, has not been examined by the prosecution to support the recovery of the alleged contraband from the possession of the appellant. Counsel further submitted that as per the prosecution version, when the police party saw the accused in the light of the jeep, they were sitting on the bags, lying in a plot, and on seeing the police, they tried to fleed away. The recovery of bags was effect