The prosecution must establish a convincing link in the chain of incriminatory evidence to prove the charge against the accused.

JUDGMENT :

SURESHWAR THAKUR, J.

1. The instant appeal is directed against the impugned verdict, as made on 1.8.2019, upon NDPS Case No. 28 of 2018, by the learned Judge (Special Court), Shaheed Bhagat Singh Nagar, where-through in respect of a charge drawn against the accused qua an offence punishable under Section 22(c) of the NDPS Act, the learned trial Judge concerned, proceeded to record a finding of conviction against the accused. Moreover, through a separate sentencing order, drawn on 7.8.2019, the learned trial Judge concerned, sentenced the convict to undergo rigorous imprisonment for a period of ten years, for an offence punishable under Section 22(c) of the NDPS Act, besides also imposed, upon the convict sentence of fine, comprised in a sum of Rs. 100,000/- and in default of payment of fine amount, he sentenced the convict to undergo rigorous imprisonment for a period of three years.

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 sentences of imprisonment.

3. The accused-convict becomes aggrieved from the above drawn verdict of conviction, besides also, becomes aggrieved from the consequent therewith sentences of imprisonment, and, of fine as became imposed, upon him, by the learned convicting Court concerned, and, hence has chosen to institute there-against 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.PW-4/C is assigned. The narrations carried in Ex.PW-4/C, are that on 10.10.2017, ASI Nirmal Singh, who was posted at PS Balachaur, District SBS Nagar, along with other police officials, were on patrolling duty in connection with checking of unscrupulous elements from Village Majaari to the direction of Village Mehndpur. When they reached near cremation ground of Village Mehndpur, the police party spotted four persons coming out of motor of tube well in the fields of Jarnail Singh. On the very sight of police party, they got panicked and tried to run away. The police party also chased them, and, one of them fell on the ground in the fields, and, he was apprehended by the police party. The person, who was apprehended threw a polythene bag from his pocket in the fields. The said bag was picked up by the investigating officer concerned, and, it was in torn condition. The said bag contained some intoxicating material including intoxicating powder, three injections and four syringes mark Dispovan. When asked, he revealed his name as Gurjinder Singh @ Ginda and his address. He further disclosed that all the three persons, who succeeded in fleeing away were namely Jatinder Singh @ Jeeti, Amarjit Singh S/o Jarnail Singh, residents of Village Mehndpur and Pardeep Kumar @ Pappi S/o Ram Kumar, resident of Village Saroya. Thereafter, he weighed the intoxicating polythene bag, which Gurjinder Singh had thrown in the fields and was picked up by him, and, it came out to be 372 gms. He put the aforesaid intoxicating powder into a separate parcel and three injections and four syringes were also put into other parcel. Both the parcels were sealed by him with his seal bearing impression “NS.” The accused was arrested and personally searched. The Investigating Officer prepared ruqa, on the basis of which formal FIR was registered.

Investigation proceedings

5. During investigation, the accused was arrested. The investigating officer concerned, inspected the spot of recovery and prepared rough site plan. Statements of the witnesses were recorded. After conclusion of investigations, the investigating officer concerned, proceeded to institute a report under Section 173 of the Cr.P.C. before the learned committal Court concerned.

Trial Proceedings

6. The learned trial Judge concerned, made an objective analysis of the incriminatory material, adduced before him. Resultantly, he proceeded to draw