IMPORTANT POINT
Contraband--Link evidence--MHC and constable who carried sample for chemical analysis, tendered affidavits, but were not cross-examined--Link evidence missing.

Harbans Lal, J.:- This appeal has been directed against the judgment/order of sentence dated 6th July, 1995 whereby the Court of learned Additional Sessions Judge, Sangrur convicted and sentenced the accused to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1 lac and in default thereof, he will further undergo rigorous imprisonment for two years under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as ‘the Act').

2. Succinctly put, the facts of the prosecution case are that on 2nd March, 1991 Sub Inspector Joginder Paul Singh among other police officials including Assistant Sub Inspector Amar Singh was going on patrolling in a Government Jeep bearing registration No. PIS-2105 being driven by Constable Gurtej Singh from village Ladda to village Kanjhla by mettalled road. When the police party neared the government tubewell, the accused was spotted sitting on a gunny bag in front of the tubewell. On suspicion, he was apprehended by the aforesaid SI. Meanwhile, Sultan Singh came at the spot. He was also joined in the police party. Then aforesaid S1 asked the accused that his search is to be conducted, and if he so desired, his search could be conducted before a Gazetted Officer or a Magistrate. He reposed confidence in the said SI. The mouth of the gunny bag was already open. A tin dabba was lying near the gunny bag. On search, poppy husk was found in the gunny bag. When weighed, the poppy husk came to 35 kgs., out of which two samples each weighing 200 grams were drawn and converted in to different parcels. The remainder was sealed in the same gunny bag and made into a parcel. The samples and the gunny bag were sealed with the seal bearing impression ‘JPS’. The specimen seal impression was prepared. The seal after use was handed over to ASI Amar Singh. The parcels were seized vide memo, which was attested by ASI Amar Singh as well as PW Sultan Singh. On further personal search of the accused, currency notes worth Rs.80/- were recovered. The same were also taken into possession vide memo Ex.PB. Ruqa Ex.PD was sent to the police station, where on its basis formal FIR Ex.PD/1 was recorded. A rough site plan EX.PE showing the place of occurrence was prepared. On return to the police station, the case property was deposited with the MIIC Budh Singh with seals intact. On receipt of Chemical Examiner Report Ex.PF and after completion of the investigation, the charge-sheet was laid in the Court for trial of the accused.

3. The accused was charged under Section 15 ibid, to which he did not plead guilty and claimed trial.

4. To bring home guilt against the accused, the prosecution has examined Inspector Joginder Paul Singh, Investigator, PW1, SI Amar Singh PW2 and closed its evidence by tendering the Chemical Examiner Report Ex.PF, affidavits EX.PG and Ex.PH of MHC Budh Singh and Constable Sukhvinder Singh respectively. PW Sultan Singh was given up as having been won by the accused.

5. When examined under Section 313 Cr.P.C., the accused denied all the incriminating circumstances appearing in the prosecution evidence against him and pleaded innocence. He has put-forth that he was brought from his village in the presence of Tara Singh son of Uttam Singh and Banta Singh Numberdar and later on, he was falsely implicated in this case. In his defence, he has examined Banta Singh DW1, PHG Almik Singh DW2 and closed his defence evidence.

6. After hearing the learned Additional Public Prosecutor for the State, learned defence counsel and examining the evidence on record, the learned trial Court convicted and sentenced the accused as noticed at the outset. Feeling dissatisfied with the same, he preferred the instant appeal.

7. I have heard the learned counsel for the parties and have gone through the record with due care and circumspection.

8. Mr.Vinod Ghai, Advocate appearing on behalf of the appellant maintained with a good deal of force that as emerges out of the e