Contraband-Recovery and search-Safeguards has to be maintained in order to give sanctity to the search.
Contraband-No attempt was made by the I.O. to join the independent witness-Causes dent in prosecution case.

Virender Singh, J.

1. Appellant Fateh Singh has suffered conviction under Sec.15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter to be called the `act) vide impugned judgement of learned Sessions Judge, Sirsa and has been sentenced to undergo rigorous imprisonment for 5 years and to pay a fine of rs.50,000/- and in default of payment of fine to suffer further RI for one year.

2. The case of the prosecution in brief is that on 23.2.2004, ASI Ranjit singh (PW-3) of police station Rania along with some other police officials was present on the bridge of a canal situated on Banni Surjewala road in the area of village Bani. He noticed the appellant coming from the side of Surjewala carrying a plastic katta (bag) on his right shoulder. On seeing the police party, the appellant turned back and started walking briskly. He was apprehended. Since asi Ranjit Singh suspected that the appellant was carrying some contraband in the bag, he was served with a notice ( PW3/a), apprising him of his right of being searched before a gazetted officer or a Magistrate. He replied to the said notice vide Exhibit PW-3/b, reposing his faith in ASI Ranjit Singh for taking search of the bag. Thereafter the bag was searched. It was found containing poppy straw.

3. Two samples of 100 grams each were separated from it. The residue was then weighed and it was found to be 24.800 grams. Both the samples and the remainder were converted into separate parcels and were separately sealed with the seal impression rs ( of Ranjit Singh ). The seal after use was handed over to hc Dharam Vir (PW-4 ). Specimen seal impression was also prepared. The case property and the sample parcels were taken into possession vide recovery memo.

4. Ex. P3/c. A ruqqa (Ex. PW-1/b) was sent to the police station Rania through HC ram Murti, on the basis of which formal FIR (Exhibit PW1/c) was registered. The rough site plan ( Ex. PW3/d) was prepared at the spot. The appellant was arrested vide memo. Ex. PW3/e. A report under Sec.57 of the Act was also prepared. The appellant along with the case property, sample parcels and the witnesses was produced before Jagdish Kumar SI/sho (PW-5) of police station rania, who also verified the investigation. He also affixed his own seal bearing seal impression jk on parcel of the case property and the sample parcels. He also made his endorsement on the report prepared under Sec.57 of the Act and sent the same to Deputy Superintendent of Police, Elnabad. It was then initialed by DSP Ronki Ram vide PW-5/b. Sample was sent for analysis and on receipt of report of the Chemical Examiner, the appellant was challaned to face trial. He was consequently charged for Sec.15 of the Act.

5. Besides tendering the Forensic Science Laboratory report, the prosecution has examined five witnesses to prove its case.

6. The stand taken by the appellant, as emerging from his statement recorded under Sec.313 of the Code of Criminal Procedure is of false implication at the instance of one Bhangi Ram, MLA as he had supported the rival candidate in the elections. In his defence, he produced one Banwari Lal head Constable (DW-1) of police station Rania, who on the basis of Daily Diary register had stated that on 23.2.2004 Jagdish Kumar, Sub Inspector had returned to police station at 4-05 PM and as per entry No.20 of that day, ASI Ranjit Singh had deposited the case property with the MHC and put the accused in the police lock up. According to this witness, there is no entry in the Daily Diary Register with regard to verification proceedings of SI/sho Jagdish Kumar.

7. On appreciation of entire evidence, the trial Court has convicted and sentenced the appellant for the aforesaid charge. Hence this appeal.

8. I have heard Mr. S. K. Jain, learned counsel for the appellant and Mr.

9. Manmohan Sikka, learned Assistant Advocate General, Haryana. With their assistance, I have also gone through the entire evidence minutely.

10. Mr. Jain wants to demolish the ca