The central legal point established in the judgment is the importance of establishing conscious possession in drug-related cases and the reliance on reliable evidence, including the testimony of official witnesses.

JUDGMENT

Vivek Puri, J. - The present appeal has been preferred against the judgment of conviction and order of sentence dated 01.11.2004 passed by the learned Judge, Special Court, Barnala, vide which the appellant has been convicted for having committed the offence punishable under Section 15 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short, the Act) and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1,00,000/-, in default whereof to further undergo rigorous imprisonment for a period of one year.

2. Briefly, the case as put-forth by the prosecution is to the effect that on 25.12.2002, Inspector Surinder Pal Singh of CIA Staff, Barnala alongwith ASI Harbhajan Singh and other police officials were proceeding in an official vehicle in order to search a proclaimed offender Raj Kaur from Barnala to Handiaya, Khudi road etc. When the police party was about 100 yards short from the railway crossing, they spotted the appellant- Paramjit Kaur and Nachhatro while sitting on two gunny bags near the railway crossing and on seeing the police party accused-Nachhatro slipped away from the spot and the appellant was apprehended with the gunny bags. Meanwhile, a public person, namely, Kahan Khan also appeared at the spot, he was joined in the police party and identity of the appellant was verified. Inspector Surinder Pal Singh told to the appellant that it is suspected that she was carrying some contraband in the bags and its search has to be conducted. He apprised the appellant of her legal right to get the search conducted in the presence of a gazetted officer or a Magistrate. However, the appellant reposed confidence upon him. Accordingly, the consent memo was prepared. The search of the gunny bags was conducted and from the bags poppy husk was recovered. Two samples weighing 250 grams each of poppy husk from each bag were separated and remaining contents in the first bag were turned out to be 34 Kgs. and 500 grams and in another bag the contents were turned out to be 29 kgs. and 500 grams. All the four sample parcels and two bulk parcels were sealed with the seal bearing impression SPS. Specimen seal was prepared and the seal after use was handed-over to ASI Harbhajan Singh. The incriminating articles were taken into possession vide separate recovery memo. Personal search of the appellant was got conducted through a Lady Constable Manjit Kaur and incriminating articles recovered from the appellant were taken in the possession through a separate personal search memo. Arrest of the appellant was effected. Ruqa was recorded and dispatched to the police station and on the basis thereof, FIR was registered. On return to the police station, the appellant alongwith case property and witnesses were produced before Inspector Piara Singh, SHO, Police Station Kotwali, Barnala who verified the facts of the case and then sealed all the parcels with the seal bearing impression PS. On receipt of the report of the Chemical Examiner and completion of investigation, the appellant alongwith Nachhatro co-accused were sent to face trial. Prima-facie a case under Section 15 of the Act was made out against the accused. The contents of the charge were read over to the accused but they pleaded not guilty and claimed trial.

3. To substantiate its case, the prosecution has examined as many as five witnesses, namely, PW-1 ASI Harbhajan Singh, PW-2 HC Nirmal Singh, PW-3 Constable Raghbir Singh, PW-4 Inspector Piara Singh and PW-5 Inspector Surinder Pal Singh. Recovery of the contraband was effected by PW-5 Inspector Surinder Pal Singh in the presence of PW-1 ASI Harbhajan Singh. PW-5 Inspector Surinder Pal Singh apprised the appellant of her legal right to get the search conducted in the presence of a gazetted officer or a Magistrate as it was suspected that there was some contraband in the gunny bags. The appellant reposed confidence upon him and a consent memo exhibit PA was prepared. Search of t