Strict compliance with the statutory provisions of the NDPS Act, particularly in cases involving the seizure and disposal of contraband, is crucial to establish the integrity of the evidence and the prosecution's case.

Judgment

Mr. Karamjit Singh, J.

Present appeal has been filed by the appellant-accused against the judgment and order dated 13.7.2005 whereby the appellant was convicted and sentenced to imprisonment for a period of 10 years and to pay fine of Rs.1 lakh and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year under Section 15 of NDPS Act in criminal case having FIR No.120 dated 4.11.2003 under Section 15 of NDPS Act, Police Station Goindwal Sahib by the Court of Judge, Special Court, Amritsar.

2. Brief facts of the case of the prosecution are that on 4.11.2003, the police party headed by PW4-ASI Jatinderjit Singh was on patrolling duty and the said police official received a secret information that the appellant was indulging in sale and purchase of poppy husk in the area of his village Khawaspur and if raid is conducted at the house of the appellant, he could be apprehended along with large quantity of poppy husk. Independent witness Inderjit Singh son of Tarlok Singh was associated in the police party and then they raided the house of the appellant. At that time, the appellant was found sitting on two gunny bags in the Courtyard of his house and he was sewing the mouth of the gunny bags. PW4-ASI Jatinderjit Singh apprised the appellant that he was suspected to be possessing poppy husk in gunny bags and further informed the appellant of his legal right to get effect search before him or some Gazetted Officer or Magistrate. On this, the appellant told the said police official that search of bags be conducted by some Gazetted Officer and to this effect, non-consent memo Ex.PC was reduced into writing which was thumb marked by the appellant and attested by HC Harjinder Singh and independent witness Inderjit Singh. PW4-Jatinderjit Singh sent wireless message to PW2-Jaswinder Singh DSP, Halqa Goindwal Sahib who reached the spot and disclosed his identity as a Gazetted Police Officer to the appellant and the appellant reposed confidence in him vide consent memo Ex.PA which was thumb marked by the appellant and attested by the aforesaid witnesses and was also signed by PW2-Jaswinder Singh DSP. Then under the supervision of PW2, search of two gunny bags was conducted by PW4 and poppy husk was found in both the bags. Two samples of 250 grams each of poppy husk were separated from each bag and the remaining bulk of poppy husk on weighment in each bag came out to be 39 kg 500 grams. The aforesaid 4 samples and the remaining bulk contained in two gunny bags were converted into 6 separate parcels which were sealed by PW2-Jaswinder Singh-DSP with his seal bearing impression ‘JS’ and also by PW4-ASI Jatinderjit Singh with his separate seal bearing impression ‘JS’. Separate sample seal impressions were also prepared and after use, PW2 kept his seal with himself while PW4 handed over his seal to HC Harjinder Singh. The entire case property was taken into possession vide recovery memo Ex.PB which was also attested by the aforesaid witnesses. PW4 prepared ruka Ex.PD and dispatched the same to Police Station, upon the basis of which, formal FIR Ex.PD/1 was registered in Police Station by MHC Jaspal Singh. PW4 also prepared rough site plan of the place of recovery and the accused was formerly arrested vide memo Ex.PF and statement of PWs were also recorded. On return to the police station, PW4 produced the accused and the entire case property before PW3-SI/SHO Dalbir Singh who after verifying the facts of the case, appended his seal bearing impression ‘DS’ on the entire case property and then the case property was deposited in a double lock while the appellant was sent to police lock up. On the next day, the accused and the entire case property was produced before Illaqa Magistrate who after checking the case property, signed the same and on return to the police station, the case property was again kept in a double lock. Sealed sample parcels were sent for their analysis to the office of Chemical Examiner