The prosecution must prove its case beyond reasonable doubt, and any procedural or evidentiary lapses can lead to acquittal.

JUDGMENT

Arvind Singh Sangwan, J. - Prayer in the instant appeal is for setting aside the judgment of conviction dated 9.5.2005 vide which the appellant was held guilty for the offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') and the order of sentence dated 9.5.2005 vide which he was sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1.00 lac and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year.

2. It is worth noticing here that the sentence of the appellant was suspended after he had undergone four years of substantive sentence vide order dated 20.3.2008 in the light of the Division Bench judgment passed in Daler Singh Vs. State of Punjab, (2007) 1 RCR(Criminal) 316 .

3. Brief facts of the case are that the Inspector Customs, Preventive Station, Attari, on receiving a secret information which was reduced into writing and sent to the superior officer, laid a naka/barrier at Railway Crossing near Attari Railway Station on Attari-Rajatal Road on 25.8.2003 and intercepted a scooter bearing registration No.PB-03-K-3628. On enquiry, the appellant was found to be driving the scooter and one Manjit Singh was sitting on the pillion seat. Thereafter, two independent witnesses, namely, Swarn Singh and Joginder Singh were joined and in their presence, the Customs Officers consisting of Inspector Supinder Singh, Superintendent Ashwani Kumar disclosed their identity and informed them about their right to be searched before a Gazetted Officer or a Magistrate as they apprehended that the accused were carrying some narcotics. In reply to the notice, accused opted to be searched before a Gazetted Officer and the notice and consent memo were recorded in writing and the personal search was also conducted but nothing was found in personal search. Thereafter, the search of the scooter was conducted and from the dicky, brown colour cloth bag containing eight polythene packets of blackish semi-solid resinous material, i.e. opium was found and on weighment, it was found to be 4.10 kgs.(gross) and 4.00 kgs. net. With his drug testing kit, it was found to be opium and thereafter, samples of 25 grams each were drawn by making it a homogenous and were packed and sealed with seal No.114 of the Customs Division, Amritsar under the signatures of accused Prem Singh and the same was witnessed by Inspector Supinder Singh. The remaining opium of 3.95 kgs. was packed in the polythene pouch, and thereafter, the same was put in tin box and wrapped and sealed with seal No.114 under the signatures of the Investigating Officer. Thereafter, the test memo was also prepared and handed over the competent authority and the scooter and other articles were taken in possession and the statement of the accused under Section 57 of the Act was recorded regarding the recovery of opium. He stated that he came in contact with one Jagtar Singh, resident of village Jandwala and he had been purchasing opium from him. Jagtar Singh gave an offer to him to give Rs.1,000/- per kg. As commission for the delivery of opium to some person and he was going to deliver the consignment to one Khan when he was intercepted by the Custom Officials and it was further stated that Manjit Singh do not know about the concealment of the opium in the dicky. In his separate statement, Manjit Singh stated that he was innocent had no knowledge about the same and, therefore, he was not arrested.

4. Thereafter, the challan was presented on the completion of the investigation and charges were framed under Section 18 of the NDPS Act, to which he did not plead guilty and claimed trial.

5. In the prosecution evidence, Supinder Singh, Inspector Customs appeared as PW1 and stated that Superintendent, Custom was a Gazetted Officer and as the accused opted t