IMPORTANT POINT
Contraband-Acquittal-14 days in sending the samples to chemical examiner.
Contraband-Acquittal-Form No. 29 not filled up at the spot.

Virender Singh, J.

1. Appellant Gurjant Singh was booked in case FIR No. 95 dated 15.5.1991, registered under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter to be referred to as `the Act) at Police Station Zira, for allegedly keeping in his possession 25 bags of poppy husk containing 40 kgs each without any licence of permit. He vide impugned judgment of learned Additional Sessions Judge, Ferozepur dated 1.9.1994 stands convicted for the said charge and has been sentenced to undergo RI for ten years and to pay a fine of Rs. one lac, in default thereof to further undergo RI for three years.

2. In brief the case of the prosecution is that on 15.5.1991, SI Darshan Singh (PW-3) the then Incharge of Police Post, Fatehgarh Panjtoor along with other police officials including ASI Baljinder Singh (PW-2) was present in village Dolewala when he received a secret information against the appellant. One independent witness Sucha Singh was joined in the raiding party for the purpose of raiding the house of the appellant. Thereafter the house of the appellant was raided where he was found present. A written notice was given to him with regard to compliance of Section 50 of the Act and after getting his consent, his house was searched in which 25 bags containing poppy husk were recovered from the residential room of the house of the appellant. Each bag was containing 40 kgs of poppy husk. 100 grams of poppy husk was extracted from each bag as sample and remaining poppy husk was transferred to the same gunny bags. The sample and the bags containing reminder were made into different parcels which were sealed with the seal of ASI Baljinder Singh bearing inscription `BS. The entire case property was taken into possession vide recovery memo. On personal search of the appellant, Rs. 50/- were recovered and the same were also taken into possession vide separate recovery memo. The grounds of arrest were prepared. Ruqa was sent to the Police Station upon which formal FIR was recorded. Rough site plan was also prepared at the spot. On return to the Police Station, the case property was produced before SHO Daljit Singh (PW-1) who verified the entire investigation and affixed his own seal bearing letters `DS. The entire case property was then produced before the Ilaqa Magistrate on 16.5.1991. The samples were sent to the Chemical Examiner through Constable Gurdev Singh (tendered his affidavit). On the receipt of the Chemical Examiner report, the appellant was challaned. He was charged under Section 15 of the Act by the learned trial Court.

3. In order to strengthen the charge, the prosecution has examined Inspector Daljit Singh PW-1 to prove the compliance of Section 55 of the Act, ASI Baljinder Singh PW-2 a witness to the recovery, Inspector Darshan Singh PW-3, the Investigating Officer in this case. Affidavit of Gurdev Singh Ex. PH, MHC Laswinder Singh Ex. PI and Chemical Examiner report Ex. PK were also tendered. Independent witness Sucha Singh was given up as having been over by the accused.

4. The plea taken by the appellant as emerges from his statement recorded under Section 313 Cr.P.C. was of false implication. In order to strengthen his case, he produced aforesaid Sucha Singh who stated there was a dispute between one Bagicha Singh of village (Village Dolewala) and the appellant. The police had illegally taken the appellant and on the next date was called in the police station along with father of the appellant where his thumb impressions were obtained on certain papers. The police had assured them that the appellant would be released on the same day but subsequently he came to know that the appellant was implicated in this case.

5. After appreciation the entire evidence, the trial Court convicted and sentenced the appellant as indicated herein above. I have heard Mr. Bipan Ghai, learned counsel for the appellant and Mr. B.S. Sewak, learned Senior Advocate General, Punjab with their assistance, I have gone