The main legal point established in the judgment is the requirement for the prosecution to establish a clear and unbroken link between the FSL report and the seized contraband to prove the charge under the NDPS Act.

JUDGMENT

Sureshwar Thakur. J. - Accused one Raman Kumar faced trial for a charge qua commission of an offence punishable under Section 21 of the NDPS Act, 1985. After the conclusion of trial, entered upon by the learned trial Judge concerned, upon Sessions case bearing No. 417/2015, the learned trial Judge concerned, made a verdict of conviction upon the afore drawn charges against the accused.

2. Through a separate sentencing order, drawn on 23.12.2021, he proceeded to sentence the convict, to undergo rigorous imprisonment for a term extending upto four years, and, also sentenced him to pay a fine of Rs. 10,000/-. In default of payment of fine, he sentenced the convict to undergo rigorous imprisonment for a period of four months.

3. The aggrieved convict one Raman Kumar, through his instituting the instant appeal bearing No. CRA-S-44-2022, before this Court, has cast a challenge upon both the verdict of conviction, and, qua theorder of sentence (supra), as became imposed upon him, by the learned trial Judge concerned.

4. The brief facts of the prosecution case are that on 21.06.2014, Inspector Ravinder Singh alongwith other police officials, in connection with naqabandi was present in Bus Stand Gharinda. There he received secret information against Raman Kumar son of Rikhi Ram, resident of village Dhande that he is indulged in smuggling of heroin and used to sell the heroin. It was informed that said Raman Kumar was coming in his Car Maruti having registration No. PB-02-AE-2123 from village Dhande to Amritsar via Attari, if naka is held and huge quantity of heroin could be recovered from him. On the basis of secret information, Inspector Ravinder Singh alongwith other police officials held naka on the bridge of drain in the area of Gharinda Chowk towards Amritsar side and started checking of the vehicles. In the meantime, one car bearing PB-02-AE-2123 came from the side of Attari, which was being driven by a clean shaved person. He made signal to stop the car and when car was stopped, on asking driver of car, disclosed his identity as Raman Kumar. Inspector Ravinder Singh disclosed his identity to Raman Kumar and told him that he was having suspicion that said person was having intoxicant material in his possession for which search was to be conducted. Inspector Ravinder Singh further disclosed the said person about his legal right to get his search conducted from a Gazetted Officer or a Magistrate. Accused replied that he wanted to get the search conducted from a Gazetted Officer. Accordingly non consent memo was prepared. Then Inspector Ravinder Singh requested DSP Sub Division Attari namely Shri Daljit Singh Dhillon to reach the spot and briefed him about the facts of the case, who after sometime reached at the spotalongwith his staff. DSP Daljit Singh disclosed his identity to the accused that he is Daljit Singh Dhillon, PPS DSP Sub Division Attari and further told the accused that there was suspicion of some intoxicant substance in his possession for which his search as well as search of his car was to be conducted for which he can arrange. Accused reposed confidence in DSP on which consent memo of the accused was prepared by DSP, it was signed by accused. Thereafter, personal search of accused was conducted and from the right pocket of the trouser worn by accused heroin wrapped in a polythene black colour bag was recovered. From the recovered heroin, 10 grams heroin was separated as sample and was kept in a plastic container. On weighing the remaining heroin, came to be 190 grams, which was put in different plastic container. Two separate parcels were prepared and were sealed with the seal impression 'RS' and 'DS'. Sample seals were prepared and Form M-29 was filled at th spot. Accused was arrested. Ruqa was sent to the Police Station on the basis of which FIR was registered against the accused. On return to police station, Inspector Ravinder Singh handed over the Car Maruti having registration number plate alongwith its RC