The prosecution must prove its case beyond a reasonable doubt, especially under the NDPS Act, where strict compliance with procedural safeguards is essential.

Judgment

Mrs. Ritu Tagore, J.:- Challenge in this appeal is to the judgment of conviction and order of sentence dated 23.10.2013 passed by Judge Special Court, Mansa, in a Sessions case bearing No.126 of 2011, emanating from FIR No.55 dated26.12.2010, whereby appellant Kashmir Singh, has been convicted for commission of offence punishable under Section 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 (in brevity as ‘the Act’) for keeping in his conscious possession 1kg and 10 grams intoxicant powder ‘Alprazolam’, without any permit or licence. He has been sentenced to undergo rigorous imprisonment for ten (10) years and to pay a fine of Rs. One lakh (Rs.1,00,000/-), in default whereof, to further undergo rigorous imprisonment for one year.

Prosecution case

2. The brief facts of prosecution case are as follows:

On 26.12.2010, Gurcharan Singh SI (PW-4) along with other police officials was traveling in an official vehicle, bearingNo.PB-31C-9345 driven by Pal Singh HC for patrolling duty from village Dullowal via link road to village Uddat Bhagat Ram. While the police party was one kilometer ahead of village Dullowal, they observed a person sitting on the right side of the road, carrying a plastic bag, in his hand. He was taking out some material from the polythene, on a piece of paper and making pouches. Upon noticing the police party, he appeared visibly perturbed.

On suspicion, Gurcharan Singh SI (PW-4) apprehended the said person with the help of police officials. Intoxicant powder was noticed on the fingers of his right hand, and mouth of the polythene bag was open with intoxicant powder stuck on it. When asked, the said person disclosed his name as Kashmir Singh son of Gura Singh (accused-appellant). Attempts were made to join an independent witness but nobody was available. Upon checking the polythene bag, intoxicant powder (Alprazolam) was recovered from the same.

Out of the aforementioned powder, 10 gram powder was separated and placed in a small plastic box and made into a sample parcel. Remaining powder upon weighing totaled 1 kg. The bulk powder was also packed into another parcel. Both the sample and bulk parcel were sealed by Gurcharan Singh SI (PW-4) with his seal bearing impression ‘GS’. Sample seal chit (Ex.P-1) and Form-29 were prepared separately. After its use, seal was handed over to Darshan Singh HC (PW-3). Separate memo (Ex.PF)was prepared upon taking possession of the case property. Appellant could not produce any permit or license for keeping the above said powder, the contraband, in his possession.

Ruqa (Ex.PJ) was sent for registration of a case under Section22/61/85 NDPS Act and FIR (Ex.PK) was registered. A site plan (Ex.PL)was prepared, and statements of the witnesses were recorded. Appellant was arrested and his personal search was conducted, and memos (Ex.PG) and(Ex.PH) were prepared.

On return to the police station, Gurcharan Singh SI, presented the appellant and case property before Baghel Singh ASI, an officiating SHO, at P.S. Kot Dharmu (PW-1), who verified the case property and factsfrom the investigating officer, affixed his seal bearing impression ‘BS’ on the case property, attested sample seal chit (Ex.P-1) and Form No.29 and took the case property and prepared memo (Ex.PA), and kept the case property in his safe custody. On the next day i.e. on 27.12.2010, Baghel Singh ASI, produced case property, Form-29, inventory report (Ex.PC), appellant and moved an application (Ex.PD) before learned Magistrate, Mansa, who attested the case property and passed the order (Ex.PE) and directed to send the appellant to judicial custody. The bulk was deposited in judicial Malkhana, while the sample was retained by Baghel Singh ASI in his safe custody in police Malkhana, Police Station, Kot Dharmu. Special report (Ex.PB) was sent to area DSP.

On 05.01.2011, the sample along with sample seal chit was handed over to Jagrup Singh HC (PW-2) for depositing the same in the office of Chemical Examiner, Kharar, w