IMPORTANT POINT
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ARVIND SINGH SANGWAN, J.

1. The present appeal has been filed challenging the judgment of conviction and order of sentence dated 17.09.2015 vide which the appellant was convicted under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act') and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.1,00,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of 02 years.

2. The present appeal was admitted on 17.05.2016 and the appellant is still in custody. This appeal is being pursued by the legal aid counsel through High Court Legal Services Committee. During the trial Court and after conviction, the appellant is in judicial custody since 17.09.2015 and is undergoing the sentence.

3. Brief facts of the case are that on 16.10.2010, ASI Didar Singh along with his co-officials was on patrol duty and while going from village Ram Nagar Bhathal towards village Mal Singh Wala, they reached near a bridge of a minor canal near bus-stand at Ram Nagar Bhathal, one person was seen sitting in the room of a bus stand and he was looking for something in a plastic bag. On seeing the police party, he stood up and on the basis of suspicion, he was apprehended by ASI Didar Singh and on asking, he disclosed his name as Makhan Singh and gave his complete address. ASI Didar Singh checked the plastic bag in which strips of intoxicated tablets and vials were lying visible. On search of said bag, 05 vials of Rexcof syrup each of 100 ML, 50 strips of phenotil tablets each strip containing 100 tablets i.e. total 5000 Phenotil tablets and 10 strips of Microlit tablets each strip containing 100 tablets i.e. total 1000 tablets were recovered. Since, the accused could not produced any permit or licence, the police party took out one vial of Rexcof syrup 100 ML, one strip of Phentotil tablets containing 100 tablets and one strip of Microlit tablets containing 100 tablets were separated as samples and separate parcels of the same were prepared and the remaining bulk was sealed. All these parcels were sealed by ASI Didar Singh with his seal bearing impression 'DS' and the sample of the seal was prepared separately. The seal was entrusted to ASI Gamdoor Singh and thereafter, the case was registered against the accused/appellant. The accused arrested and the investigation was initiated. At the spot, a rough site plan regarding place of recovery was prepared. The statements of witnesses were recorded and inventory memo was prepared. Thereafter, the accused – Makhan Singh along with the case property was produced before the SHO, Police Station Boha and then, he was produced before the Illaqa Magistrate for initiating the proceedings under Section 52-A of the NDPS Act. On completion of investigation, the challan under Section 173 Cr.P.C. was presented and charges were framed against the accused/appellant to which he did not plead guilty and claimed the trial.

4. The prosecution examined 04 witnesses PW1 – HC Hardial Singh, PW2 – Investigating Officer, ASI Didar Singh (retired), PW3 – SI Harvinder Singh SHO, PW4 – ASI Gamdoor Singh.

5. PW1 – HC Hardial Singh tendered into evidence his affidavit Ex.PA and stated that on 26.10.2010 SI Harvinder Singh had handed over one sample parcel of Rexcof syrup, one sample parcel of Phenotil tablets and one sample parcel of Microlit tablets sealed with seal impression 'DS' and 'HS' along with sample seal for depositing the same in the office of FSL, Chandigarh. Then, he had deposited the sample parcels in the office of FSL, Chandigarh on 27.10.2010 with the seal intact after taking docket from the office of SSP, Mansa and handed over the receipt thereof to SHO Harvinder Singh. This witness has further stated that till the articles remained with him, the seal on the parcels remained intact and he did not allow anyone to tamper with the same.

6. PW2 – ASI Didar Singh, Investigating Officer of the case deposed on