Non-compliance with statutory provisions and the importance of proper seizure and sampling procedures in drug-related cases.

JUDGMENT

Sanjay Vashisth, J. - Present appeal has been filed by appellant - Kulwant Singh, then aged 24 years, against the judgment of conviction and order of sentence dated 03.09.2004, passed by learned Judge, Special Court, Ludhiana/learned Trial Court, in Sessions Case No. 104, dated 28.07.2001, arising out of FIR No. 67, dated 06.05.2001, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act'), registered at Police Station Sidhwan Bet.

2. Appellant - Kulwant Singh was convicted for the commission of offence punishable under Section 15 of the NDPS Act, for keeping in his conscious possession 30 Kgs. of poppy husk without any permit/licence and was ordered to undergo following sentence:-

3. Case of the prosecution, emerging from the FIR version and referred in paragraph No. 2 of the impugned judgment is that:-

'On 06.05.2011, while patrolling, SI Jasbir Singh alongwith other police officials, was going from Sidhwan Bet to village Leelan. ASI Jaspal alongwith Constable Kuldip Singh met them at the Bus stand ofvillage Leelan. They were also joined in the police party. When the police party reached near canal minor of Sherpur Kalan, then from the opposite side, one tanker No. PB-10H-9818 was seen coming, which was stopped by him. He conducted the search of the tanker and found that one bag containing some material was seen lying near the seat of the driver. Said tanker was driven by the accused/appellant. On suspicion, he was apprehended. SI Jasbir Singh asked the accused/appellant that search of the bag is to be conducted and gave him offer that if he so desires the checking could be done by the Gazetted Officer or Magistrate, but the accused reposed faith in him. Statement of the accused was recorded and thereafter the search of the accused/appellant was conducted as per rules and poppy husk was recovered from the bag. Two samples of 250 grams each were taken out and the remaining poppy husk was weighed, which was found to be 29 Kgs. 500 grams and it was put in the same bag and was converted into parcel. The sample parcels and the bulk parcel were sealed with the seal 'JS'. The sample of his seal on the chits including the chit Ex. P1 and the tanker were taken in possession vide recovery memo."

4. After completing of statutory proceedings, final report under Section 173 Cr.P.C. was prepared and same was produced before the Court concerned.

After supplying copies of the final report to the accused/appellant and framing of charge under Section 15 of the NDPS Act, prosecution examined total six witnesses, detailed as under:-

5. In the statement recorded under Section 313 Cr.P.C., accused/appellant took a specific stand that case has been planted upon him because he did not accommodate the police officials by providing them the tanker for using the same for sprinkling of water for a period of two hours.

Complete defence of the appellant, under Section 313 Cr.P.C. says as under:-

'Q: What more do you want to say?

Ans. I am innocent. On 5-5-01, one ASI Mr. Chopra and one constable namely Kuldeep Singh had come to my house in the morning at 8.00. They m