Narcotics – Personal Search – Where the recovery was “chance recovery” provisions S.50 NDPS Act was not required to be complied with

Mr. Rajiv Sharma, J.:- This appeal is instituted against judgment dated 25.10.2017 and order dated 26.10.2016, rendered by Judge, Special Court, Amritsar, in NDPS Case No. 880 of 2016 dated 09.08.2016, whereby appellant Harpreet Singh alias Gahgu, who was charged with and tried for the offence punishable under Section 22 read with Section 8 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as ‘the NDPS Act’ for brevity), was convicted and sentenced to undergo rigorous imprisonment for 12 years and to pay a fine of Rs. 1,50,000/-, under Section 22 of the NDPS Act. In default of payment of fine, he was ordered to further undergo simple imprisonment for six months.

2. The case of the prosecution, in a nutshell, is that on 22.05.2014 at about 7.10 PM, ASI Satinderpal Singh of Police Station Majitha along with ASI Gurnam Singh and other police officials was going on Government vehicle from Majitha towards village Kotla Sultan Singh via village Hamja, in connection with patrolling, and in search of bad elements. When the police party reached near village Kotla Majha Singh, then from the opposite side, a young man was seen coming on foot. After seeing the police, he got perplexed and turned towards his right hand side. The police tried to apprehend the person. The person tried to throw away a black coloured polythene envelope after taking out the same from his vest. He was apprehended by ASI Satinderpal Singh with the help of fellow police officials. He was interrogated. He disclosed his identity. The polythene bag contained intoxicant powder. One small polythene bag was also recovered which was found to be containing loose capsules of Provon Spas. Out of the recovered intoxicant powder, 10 grams was taken out as sample, and converted into parcel after putting the same into a separate plastic container. The remaining intoxicant powder weighed 240 grams. It was converted into separate bulk parcel. The recovered capsules on counting came to 50, out of which 10 capsules were separated as sample and converted into separate sample parcel after putting the same into another plastic container. The remaining 40 capsules were converted into separate bulk parcel after putting the same into another plastic container. All the samples were sealed by ASI Satinderpal Singh with his seal impression ‘SPS’. Sample seal was prepared separately. One specimen seal was affixed on Form M-29. These were taken into possession. Seal after use was handed over to ASI Gurnam Singh. FIR was registered. The accused was arrested. Rough site plan of the place of recovery was prepared. ASI Satinderrpal Singh produced the parcels along with sample seals, Form M-29 and accused before SHO Inderjit Singh. He after verifying the correctness of the seals on the parcels affixed his seal ‘IS’. He also completed relevant portions of Form M-29. The double lock was operated. The case property along with sample seal and Form M-29 was kept in double lock. On the next day, i.e. 23.05.2014, SHO Inderjit Singh operated the double lock. He handed over parcels, sample seals and Form M-29 along with accused to ASI Satinderpal Singh. The accused along with case property was produced before the Ilaqa Magistrate. The court after breaking the seals of both the bulk parcels took out 10 grams intoxicant powder and 10 capsules from the bulk parcels. The representative parcels were prepared and sealed by the court with its seal ‘SS’ and ‘SS’. The remaining bulk parcels of 230 grams intoxicant powder and 30 capsules were re-sealed by the court with its seal ‘SS’. On 26.05.2014, SHO Inderjit Singh again operated the double lock and handed over the aforesaid two bulk parcels and two representative parcels to ASI Satinderpal Singh. On 21.07.2014, SHO Inderjit Singh handed over sample parcels of 10 gams intoxicant powder and 10 capsule