The central legal point established in the judgment is the importance of compliance with Section 52-A of the NDPS Act, the proper deposit of case property in the Judicial Malkhana, and the adherence to prescribed procedures for handling and storing case property as per the legal provisions of the NDPS Act.

HARINDER SINGH SIDHU, J.

This appeal has been preferred against the judgment and order dated 05.01.2015 passed by the Judge, Special Court (Adhoc), Fast Track Court, Gurdaspur in Sessions Case No.169 of 2013 whereby the appellant, who was charged with and tried for offence punishable under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act'), has been convicted and sentenced to undergo rigorous imprisonment for a period of 15 years and to pay fine of Rs.1,50,000/- and in default to further undergo rigorous imprisonment for a period of 3 years.

2. The FIR was registered on the complaint of Investigating Officer/ASI Manohar Singh who stated that on 25.07.2013 at about 5.00 pm, he alongwith other police officials was present on patrolling duty at Bridge Drain, Village Chandu Sujja. At that time, a man was seen coming from village side. He was holding an envelope in his right hand. On seeing the police party, he threw away the envelope and tried to run towards right hand side of drain. He was apprehended by the other police officials. On interrogation, he disclosed his name as Kulwinder Singh alias Maddhar (appellant). On checking the envelope thrown by the appellant, intoxicant powder was found. On weighing, it was found to be 500 grams. Two samples of 10 grams each were drawn. On weighing, the remaining intoxicant powder was found to be 480 grams. The sample was sealed with seal impression 'MS' and same was taken into police possession. Thereafter, he handed over his seal to HC Balbir Singh. He tried to join persons present there as independent witnesses but nobody was ready to join police party. Thereafter, ruqa was sent to police station for registration of case. The sample parcel was sent for chemical examination. On completion of investigation challan was presented.

3. The prosecution examined number of witnesses in its support. The statement of the accused under Section 313 Cr.P.C. was recorded wherein he stated that he is innocent and has been falsely implicated in the present case. He was never involved in any kind of criminal as well as civil case. He was an agriculturist by profession. He was badly injured by Jasmeet Singh, Gurleen, Shamsher and others due to some party faction. On his statement the police of P.S. Chandare registered FIR against the above said persons. Some of police officials of P.S. Fatehgarh Churrian who are relatives of above said accused pressurized him to compromise the matter with accused. He compromised the matter with accused but due to grudge against him, they falsely implicated him in the present case. Nothing has been recovered from him. He examined Amit Dabra, Alternative Nodal Officer, Vodafone as DW1 and Harpeet Kaur wife of Surjit Singh as DW2.

4. The appellant was convicted and sentenced as referred to above. Hence, this appeal.

5. We have heard learned counsel for the parties and have gone through the judgment and record.

6. PW1 ASI Manohar Singh deposed that on 25.7.2013 he was present at PP Kala Afgana, P.S. Fatehpur Churrian. He was joined by HC Balbir Singh and other police officials. When they were present at Bridge Drain, Village Chandu Sujja, one man was seen coming from village side. He was holding an envelope in his right hand. On seeing them, he threw away the envelope and tried to run away from the spot. He was apprehended by the police party. On interrogation, he disclosed his name as Kulwinder Singh son of Surjit Singh. He (PW1) checked the envelope thrown away by accused. It contained intoxicant powder. He took out 2 samples of 10 grams each. On weighing the remaining powder, it was found to be 480 grams. He put the two samples and one bulk of recovered intoxicant powder into three separate plastic containers and sealed them with his seal impression 'MS'. After use, he gave his seal to HC Balbir Singh. The above said case property was taken into police possession through memo Ex.PA. He sent ruqa (Ex.PB) through PHG Gurmit Chand and FIR (E