Compliance with procedural requirements, authenticity of evidence, and doubts regarding witness presence and evidence were crucial in the court's decision.

JUDGMENT :

Arvind Singh Sangwan, J.

1. Prayer in this appeal is for setting-aside the judgment of conviction as well as the order of sentence dated 01.04.2004, vide which the appellant was convicted for an offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act') and he was 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 01 year.

2. It is relevant to note here that the appellant has already undergone 04 years and 02 days of sentence, which includes more than 15 months after conviction, when his sentence was suspended by this Court on 20.08.2008.

3. Brief facts of the case are that on 03.12.2000 at about 08:00 PM, SI Sukhdev Singh along with his police party held nakabandi in the area of village Jangpura bus stand where Amarjit Singh PW met them and he was joined in the police party. SI Sukhdev Singh was talking with him and in the meantime, a Maruti car bearing registration No.HR-03-4604 came from Rajpura side and it was signaled to stop. Three young men alighted from the car and tried to run away. Three bags were lying in the car. The accused Satnam Singh was apprehended and he disclosed names of other occupants of the car as Babu Ram Bania and Balwinder Singh @ Billu son of Karnail Singh resident of village Sonkran. The accused Billu was also known as Ranjit Singh. SI Sukhdev Singh told accused Satnam Singh that he wanted to conduct the search of the bags lying in the car and apprised the accused of his right to get his personal search conducted in the presence of a Gazetted Officer or a Magistrate vide memo Ex.PF. Thereafter, the Deputy Superintendent of Police R.K. Sharma of Rajpura was called to the spot by giving a wireless message. On reaching the spot, the DSP disclosed his identity to the accused as DSP, Rajpura and Gazetted Officer. The accused reposed confidence in DSP. Then on the direction of the DSP, SI Sukhdev Singh conducted search of the bags after taking out the same from the car and these were found to contain chura poppy heads. On weighment, each bag was found to contain 40 Kgs of chura poppy heads i.e. 1 Qtl. 20 Kgs. Two samples of 250 grams each from all the bags were separated. The remaining chura poppy heads weighing 39Kgs 500 gms were put in the same bags. Parcels of samples and bags were prepared and sealed with the seal of DSP bearing impression 'RK' and of SI Sukhdev Singh was handed over to PW Amarjit Singh while the DSP retained his seal with him. The case property including car bearing registration No.HR-03-4604 was taken into possession vide recovery memo Ex.PG. Ruqa Ex.PH was sent to the Police Station throuch C. Gurcharan Singh, whereupon formal FIR Ex.PH/1 was recorded by SI Karmit Singh. Rough site plan of the place of recovery Ex.PJ was prepared. The accused was formally arrested and supplied the grounds of his arrest vide memo Ex.PK. On personal search of the accused nothing was recovered and memo to this effect Ex.PL was prepared. On return to the Police Station, SI Sukhdev Singh produced the case property before Inspector Paramjit Singh, SHO, P.S. Banur, who verified the factum of recovery and found it to be correct. He also affixed his seal bearing impression 'PS' on the case property and on Ex.P1. Then, on the direction of the SHO, he i.e. SI Sukhdev Singh, deposited the case property with MHC Ravinder Krishan with seals intact. On the next day, SI Sukhdev Singh took the charge of the case property from MHC Ravinder Krishan and produced the same before the Illaqa Magistrate vide request Ex.PF and on which orders passed by the Illaqa Magistrate is Ex.PF/1. On return to the Police Station, SI Sukhdev Singh re-deposited the case property with MHC Ravinder Krishan. Thereafter, on 0