Minor variations in evidence and the presence of a different number of seals do not invalidate the prosecution's case if the seals were found intact.

JUDGMENT

Anil Kshetarpal, J —The appellant-accused is in the appeal against the judgment of conviction and order of sentence passed by the Special Court, Sonepat in a case arising out of an FIR No.117 dated 20.04.2011 under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the NDPS Act, 1985") sentencing the appellant to undergo rigorous imprisonment for a period of 4 years and to pay a fine of 20,000/-, and in default of payment of fine, further undergo rigorous imprisonment for a period of three months.

2. As per the custody certificate produced by the State, appellant has already served his sentence as awarded by the Court and has also paid fine. He has been released on 21.03.2015. As per the custody certificate, appellant is also involved in another case under the NDPS Act, 1985 in FIR No.182 of 2009 in Himachal Pradesh.

3. The case as setup by the prosecution has been noticed by the learned Special Court, Sonepat which is extracted as under:-

"2. Briefly stated, the case of the prosecution is that on 20.4.2011 SI Inder Singh alongwith other police officials was on patrolling duty near Government School, Panchi Jatan, then one young boy was seen coming from Village Udesipur and the said boy retracted suddenly on seeing the police party and tried to hidebehind Kiker trees and on suspicion police party apprehended the young boy who disclosed his name as Satish son of Ram Diya. On suspicion of possessing narcotics, the accused was served with notice under Section 50 of the Act thereby informing the accused about his statutory right as to whether he wanted to be searched in the presence of a Gazetted Officer or Magistrate. That the accused desired to be searched before Gazetted Police Officer. Accordingly, Deputy Superintendent of Police Ganaur was informed and accordingly DSP, Ganaur reached at the spot and asked SI Inder Singh to make a search of the boy and on search one packet from right pocket of his pant was recovered in which 400 gm. charas was found. Thereafter, from the recovered charas, two samples weighing 10-10 gms each were separated and were converted into sealed parcels and the remainder was also sealed in a separate parcel and seal of 'ISK' was affixed on the residue parcel as well as sample parcels. The seal after its use was handed over to Constable Sandeep Kumar and the sample parcels and remainder parcel were taken into police possession. Thereafter, tehrir was sent through Constable Sunil Kumar for registration of FIR and formal FIR was registered. Necessary investigations were made and statements of witnesses recorded. Thereafter, accused alongwith case property and witnesses was presented before SHO, P.S. Ganaur and SHO, P.S. Ganaur affixed his seal 'YP' on each parcel of sample and remainder. Thereafter, accused alongwith case property was produced before learned Magistrate, photographs were taken and an application under Section 52-A of the Act was moved. On completion of investigation, final report under Section 173 Cr.P.C. was forwarded to the court to put the accused on trial. Copy of challan was duly supplied to the accused free of costs as envisaged under Section 207 Cr.P.C."

4. The appellant was produced before the Judicial Magistrate on 21.04.2011 i.e. next day and on the orders of the Judicial Magistrate, bulk parcel was deposited in the judicial malkhana. As per the report of the Forensic Science Laboratory Ex.PX, the sample was identified as charas. The seals were found intact and tallied with the sample seal as per the Forwarding Authority's letter.

5. In order to prove its case, prosecution has examined Constable Jasbir Singh as PW1, Constable Mukesh Kumar as PW2, Constable Sat Narain as PW3, Head Constable Kuldeep Singh as PW4, Assistant Sub Inspector Prem Singh as PW5, Tula Ram, Deputy Superintendent of Police as PW6, Constable Sunil as PW7, Brij Mohan,