The conscious possession of contraband and the credibility of official witnesses' testimonies are crucial in determining the conviction under the NDPS Act.

JUDGMENT :

N.S.Shekhawat, J.

1. The present appeal has been preferred against the judgment of conviction dated 25.09.2006 and the order of sentence dated 27.09.2006 passed by Learned Special Judge, Moga, whereby the present appellant has been convicted under Section 15(c) of the Narcotic Drugs and Psychotropic Act, 1985 (herein after referred to as the “NDPS Act”) and was sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1,00,000/-, along with default stipulation.

2. The prosecution story, as it emanates from the report under Section 173 Cr.P.C is that on 12.11.1993, Ajmer Singh ASI/SHO from Police Station, Mehna along with other police officials had set up a picket at about 04:45 AM, one truck bearing registration No. DIL8871 driven by Bagga Singh, accused came from the side of village Kokari Kalan and it was signaled to stop with the help of torch light. Three more persons namely, Sadhu Singh, Surjit Singh and Jarnail Singh were sitting by the side of Bagga Singh, accused. All the occupants, including the present accused Bagga Singh were apprehended by the police. Efforts were made to join any independent witnesses, but no person was willing to join. In the meantime, Narinderpal Singh, DSP, Moga also reached there in order to check the police pickets and Ajmer Singh ASI apprised him of the facts of the case. In his presence, Ajmer Singh ASI conducted the search of the truck of the accused, from which 20 bags of poppy straw were recovered. One sample of 250 grams each was taken out from each of the recovered bags of the poppy straw and separate parcels were prepared in this regard. The remaining poppy straw was also weighed along with bags and each bag was found to be containing 39 Kgs 750 grams of poppy straw. Their separate parcels were prepared and were numbered serially from 1 to 20. Sample parcels were also given serial numbers 1 to 20, as per the serial numbers of the bag from which they were drawn. The parcels were duly sealed by Ajmer Singh, ASI with his seal of mark “AS” and DSP has also sealed all the parcels with his seal mark “NPS”. The samples of their seals were prepared. Ajmer Singh, ASI handed over the seal after use to ASI Prem Singh and the case property was taken into possession by preparing separate recovery memo. The truck along with its permit and other documents were also taken into possession vide the separate recovery memo. Personal search of the accused was also conducted. It was found that the accused were carrying 20 bags of poppy straw, each bag weighing 40 Kgs and the accused had retained aforesaid poppy straw without any permit or licence. Therefore, a ruqa was sent to the police station for registration of the FIR under Section 15 of the NDPS Act against the accused, including the present appellant.

3. Initial necessary investigation was conducted by Ajmer Singh, ASI, who arrested the accused and supplied him grounds of arrest. He prepared the site plan of the place of recovery and the statements of the witnesses were recorded. On his return to the police station, he kept the case property in safe custody and later produced the case property before the learned Magistrate on 13.11.1993 and the orders were passed in this regard. After returning to the police station, the case property was deposited with MHC Surajpal Singh in intact condition. Later on, the sample parcel and the sample of seal were sent to the office of Chemical Analyst and after receipt of the report of Chemical Analyst, the final report under Section 173 Cr.PC was prepared against the accused and was presented in the Court.

4. After consideration of the material on record, the charge under Section 15 of the Narcotics Drugs and Psychotropic Substances, Act was ordered to be framed against the present appellant and appellant pleaded his innocence and claimed trial.

5. In order to prove the charge, against the accused the prosecution examined six witnesses namely, PW-1 HC Surajpal Singh, PW-2