The main legal point established in the judgment is the requirement to prove the case beyond a reasonable doubt, the importance of corroborative evidence, and the need to follow statutory requirements for sampling and inventory under the NDPS Act.

JUDGMENT :

KARAMJIT SINGH, J.

1. The above-noted appeal has been directed against judgment of conviction and order of sentence dated 08.11.2004 whereby the appellant was convicted and sentenced to undergo rigorous imprisonment for a period 10 years and to pay fine of Rs.1 lac and in default of payment of fine to further undergo rigorous imprisonment for a period of 2 years under Section 15 of NDPS Act by Judge Special Court, Patiala.

2. The brief facts of the case of prosecution are that on 07.06.2003 police party headed by ASI Harmanpreet Singh was on patrolling duty and secret information was received by the said police official to the effect that appellant Kirpal Singh was indulging in drug trafficking and at that time he was bringing poppy husk in a Esteem Car No. DL-1830 of white colour. On the basis of the said secret information ruqa Ex.P-K was dispatched and resultantly, FIR Ex.PK/1 was registered. Then raid was conducted in the area near Pakhar brick kiln situated on Talwandi Malik-Kahangarh Road. On the way, independent witness Rattan Khan was associated in the police party. On reaching near the spot appellant was found sitting on certain gunny bags. On seeing the police officials appellant fled away from the spot, while leaving behind four gunny bags. He was identified as Kirpal Singh by members of the police party, but he managed to escape from the spot. On checking of the above said four bags they were found to be containing poppy husk. Two samples of 250 grams each were drawn from each of the four bags. The remaining bulk in each bag was found to be 29.5 kg. Eight samples and four bags containing bulk were converted into sealed parcels which were sealed by ASI Harmanpreet Singh with his seal having impression HS. Separate sample seal impression Ex.P-1 was also prepared. After use, the investigating officer handed over the seal to independent witness Rattan Khan at the spot. The entire case property was taken into possession by the police vide memo Ex.P-A. On completion of investigation at the spot, the police team along with the entire case property returned to police station where SHO/Inspector Jassa Singh inspected the case property and after verifying the facts of the case, appended his seal bearing impression JS on the entire case property including the slip bearing sample seal impression of the investigating officer. The case property was deposited with the MHC of the police station. On the next day i.e. 08.06.2003, the case property was produced before the Duty Magistrate along with police request Ex.P-H, on which the Duty Magistrate passed appropriate order Ex.P-H/1 for deposit of the case property and on return to police station the entire case property was deposited with the MHC. Later on, one sample parcel relating to each of the four bags were sent for their analysis to the office of Chemical Examiner and on analysis, report of Chemical Examiner Ex.P-J was received. In the meantime, appellant was arrested by the police on 25.08.2003. On completion of investigation, the challan was presented against the appellant.

3. The trial Court framed charge under Section 15 of NDPS Act, to which appellant pleaded not guilty.

4. In order to prove its case prosecution examined PW-6 ASI Harmanpreet Singh who being investigating officer reiterated the prosecution version in his examination in chief and proved recovery memo Ex.P-A, sample seal impression slip Ex.P-1, police request Ex.P-H, order passed by Duty Magistrate Ex.P-H/1, ruqa Ex.P-K, FIR Ex.P-K/1. PW-1 HC Amrik Singh being member of the police party corroborated the statement of PW-6 and further stated that the person who managed to fled away was Kirpal Singh, who was already known to him. PW-2 ASI Piara Lal deposed that he moved police request Ex.P-C, on 22.08.2003 to get arrest warrants of appellant. That on 25.08.2003 appellant was produced before him by Gulab Singh Ex. Sarpanch and immediately thereafter, appellant was arrested vide memo Ex.P-B/1 and informati