The court emphasized the importance of compliance with statutory provisions and the credibility of prosecution witnesses in drug-related cases. It also highlighted the need for independent corroboration from public witnesses when official witnesses are found to be untrustworthy.

V. S. Aggarwal, J.

1. This is an appeal filed by Jaswant Singh son of Gurdip Singh (hereinafter described as the appellant) directed against the judgment and the order of sentence passed by the learned Sessions Judge, Ferozepur dated 27.3.1995. By virtue of the impugned judgment, the learned trial court held the appellant guilty of the offence punishable under Sec.15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter described as the Act ). On the same date, the appellant was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. One Lac. In default of payment of fine, the appellant was to undergo further rigorous imprisonment for two years.

2. The relevant facts are that on 28.4.1993 ASI Baldev Singh accompanied by ASI Dinesh Singh, Constable Bachan Lal and some other police officials were patrolling. They were going from village Lohgarh to Badhowal via unmetalled road (katcha path ). When the police party reached near the bridge over the canal, the appellant was seen coming alongwith the canal bank. He was carrying a gunny bag on his head on seeing the police party, he turned back. On suspicion he was apprehended. ASI Baldev Singh told the appellant that he suspects him to be carrying some contraband articles.

3. An offer was given to the appellant that if he likes his person can be searched before a Gazetted Officer or a Magistrate. The appellant did not convey that his person be searched before a Gazetted Officer or a Magistrate. He deposed full faith in ASI Baldev Singh. Regarding the consent given by the appellant memo Ex. PA was prepared. It was thumb marked by the appellant and attested by ASI Dinesh Singh and Constable Bachan Lal.

4. The search of the gunny bag was effected by ASI Baldev Singh. It was found to be containing poppy husk. Out of the same 250 gram was taken as the sample. The total was weighed and found to be 30 Kilogram. The poppy husk as placed into the gunny bag. The sample and rest of the poppy husk were converted into two sealed parcels and sealed with the seal of BS. Both the packets were taken into possession vide a recovery memo. Specimen of the seal was affixed and it was handed over to ASI Dinesh Singh.

5. Asi Baldev Singh sent the ruqa on the basis of which ASI Harbans Singh recorded the formal first information report and as also prepared the rough site plan. When he came back to the police station, the officer-in-charge of the police station was not present. Since Baldev Singh was the senior most police officer, he kept the sample and the remaining of poppy husk in his custody in the Malkhana. On 5.5.1993 the sample seal and the representative sample were sent to the Chemical Examiner. The report was received that it was poppy husk. This led to the filing of the challan in court.

6. The learned trial court framed a charge against the appellant for the offence punishable under sec. 15 of the Act. The appellant pleaded not guilty and claimed trial. In support of its case the prosecution examined ASI Baldev Singh and ASI Dinesh Singh as PW-1 and PW-2 respectively. The affidavit of Constable Bahadur Singh was tendered but the appellant did not seek the opportunity to cross-examine him. After closure of the prosecution evidence, the statement of the appellant was recorded. He denied recovery of poppy husk from his possession and pleaded innocence. In answer to question No.20 he gave the following answer as his defence: Bohar Singh son of Raj Singh had a dispute with me regarding votes. Bohar Singh was working in collusion with the police. As such, I have been falsely implicated at his instance. I am innocent. Nothing was recovered from me. I was arrested from my house. I The appellant did not produce any defence witness but tendered the copy of the FIR as Ex. DA

7. The learned trial Court on appraisal of evidence held that it is established on basis of evidence that poppy husk was in conscious possession of the appellant. The submissions th