The necessity of laboratory testing of seized substances and the production of examined sample cloth parcels and the FSL report as primary evidence to sustain a charge under the NDPS Act.

JUDGMENT :

SURESHWAR THAKUR, J.

1. The instant appeal is directed against the impugned verdict, as made on 1.9.2017, upon case bearing CIS No. 589 of 2014, by the learned Judge, Special Court, Bathinda, wherethrough in respect of charge drawn against the accused qua offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “the Act”), the learned trial Judge concerned, proceeded to record a finding of conviction against accused-appellant. Moreover, through a separate sentencing order of even date, the learned trial Judge concerned, sentenced the convict to undergo rigorous imprisonment for a period of Eleven years for commission of an offence punishable under Section 21 of the NDPS Act, besides also imposed, upon the convict sentence of fine, as comprised in a sum of Rs. 1,20,000/-, and, in default of payment of fine amount, he sentenced the convict to undergo imprisonment for a period of one year.

2. The period of detention undergone by the convict, during the investigations, and, trial of the case, was, in terms of Section 428 of the Cr.P.C., rather ordered to be set off from the above imposed sentence(s) of imprisonment.

3. The accused-convict becomes aggrieved from the above drawn verdict of conviction, besides also, becomes aggrieved from the consequent thereto sentence(s) of imprisonment, and, of fine as became imposed, upon him, by the learned convicting Court concerned, and, hence has chosen to institute thereagainst the instant criminal appeal, before this Court.

Factual Background

4. The genesis of the prosecution case becomes embodied in the appeal FIR, to which Ex. P8 is assigned. The narrations carried in Ex. P8 are, that on 22.3.2013, ASI Jagdeep Singh (investigating officer) along with HC Gurmeet Singh, HC Mangat Singh and PHG Simarjit Singh being on "patrolling-cum-checking of suspected persons duty" was going from Phul towards village Dhipali on his personal car bearing registration No. PB-45-4950. When the police party crossed 200 yards ahead of minor canal from village Dhipali towards village Dhingar, then one person was seen coming with a polythene of black colour in his hand, who on seeing the police party got perplexed and after throwing the said polythene, tried to slip towards the fields on his left hand side. On suspicion, the investigating officer concerned, apprehended him with the help of other police officials. On asking, he disclosed his name as Naib Singh @ Naiby son of Piara Singh resident of Village Dhipali. Thereafter the investigating officer concerned, brought the accused where he had thrown the polythene, and, found that the mouth of the plastic bag was open and intoxicant tablets and pouches were clearly visible from the same. On checking the polythene, he found 20 strips of Alprazolam tablets each containing 50 tablets, 19 pouches tablets Lomotil each pouch containing 100 tablets. Thereafter, he took sample of a strip of Alprazolam containing 50 tablets, and, one pouch of Lomotil containing 100 tablets, as sample, and, converted into sample parcel. He converted the remaining strips of Alprazolam and pouches of Lomotil into bulk parcel and sealed both the parcels with his seal bearing impression "JS". Sample seal was separately prepared, and, seal after its use, was handed over to HC Gurmit Singh. All the parcels were taken into possession vide separate memo, attested by the witnesses. Ruqa was sent to the police station through PHG HC Mangat Ram on the basis of which FIR under Section 22 of NDPS Act was registered against the accused. Site plan of place of recovery was prepared. Accused was arrested. Statements of the witnesses were recorded. On return to police station, ASI Harbans Singh being officiating SHO retained the case prope