The prosecution must establish a clear and unbroken chain of custody and evidence handling to prove the charges beyond a reasonable doubt.

JUDGMENT

Sureshwar Thakur, J. - The instant appeal is directed against the verdict recorded on 01.02.2021, upon NDPS Case No.443/2019 wherethrough the learned Special Court, Sangrur made a verdict of conviction, upon the accused in respect of charges drawn for an offence punishable under Section 22/61/85 of the Narcotic Drugs and Psychotropic Substances Act, (hereinafter referred to as 'the Act'). Moreover, through a separate sentencing order drawn, on 01.02.2021, the learned Special Court convicted the convict in the hereinafter extracted paragraph.

'xxx he is sentenced to undergo rigorous imprisonment for a period of Four Years and fine of Rs.30,000/-, in default of payment of fine, he will further undergo Rigorous Imprisonment for One Year, U/s 22 of the Act. "

2. The convict becomes aggrieved from the above drawn verdict of conviction, and, consequent therewith sentence(s) (supra), as become imposed upon her by the learned Special Court, and, is led to institute thereagainst the instant appeal before this Court.

3. The learned counsel for the appellant, has made a vigorous submission before this Court that, the impugned verdict of conviction, and, also the consequent therewith order of sentence, as becomes recorded, and, imposed upon the convict by the learned trial Judge concerned, does suffer from a gross perversity, absurdity of gross mis-appreciation, and, non-appreciation of the evidence on record. Consequently, he has argued that the impugned verdict be quashed, and, set aside.

4. The crime incident occurred at Patiala bypass near Kairon Factory. The time of occurrence is 12.15 noon, and, the convict on a prior information, with the police in respect qua hers indulging in sale of intoxicant tablets, rather became sighted at the crime site, by the police, to throw on the ground a green coloured polythene bag as held, in her right hand, and, as such, she became apprehended at the crime site. The police subsequent to apprehending the convict, intimated her that there is some intoxicant substance kept inside the polythene bag, which became thrown onto the ground, and, that they intend to conduct search of the polythene bag concerned. Though, in respect of search of the polythene bag which became thrown onto the ground, rather no apposite consent of the convict was required to be elicited from her, but yet the investigating officer concerned, prepared consent memo Ex.P-B, and, under her signatures made thereons, the convict reposed confidence in the police to make search of the polythene bag. On search of the green coloured polythene bag being made, it was found to contain 50 strips of tablets make Alprasafe.05 bearing batch No. PCCAA359 MFG date 01/2019 EXP. Date 12/2021, each strip containing 10/10 tablets, besides 10 strips of intoxicant tablets make Clovidol 100SR bearing batch No. TVD 18127 MFG Feb 2019, EXP Jan 2022 each strip containing 10/10 strips. The investigating officer concerned, prepared, at the crime site, the cloth parcels of the above recovered intoxicant tablets. The cloth parcel was sealed with impression JS. The seal after use was handed over to HC Daljeet Singh. Moreover, a recovery memo Ex.P-C was also prepared in respect of the above recovery.

5. The police officer produced the cloth parcel before the SHO of the police station concerned, who thereafter, upon, verifying the facts of the case, put thereons his seal counter impression RS. Subsequently the case property was deposited with the in-charge of the malkhana concerned.

6. On the subsequent thereto date i.e., on 15.03.2019, the investigating officer concerned, produced the case property along with the accused, before JMIC(D) Sangrur. The JMIC(D) Sangrur, upon the case property becoming produced before him, after breaking the seals embossed, upon the cloth parcel, proceeded to draw 2/2 samples of each category from each category concerned, and, 4