IMPORTANT POINT
The court established that the production of examined sample parcels is crucial for proving charges under the NDPS Act, and certified inventories alone are insufficient without laboratory testing.

JUDGMENT :

Mr. Sureshwar Thakur, J.

The instant appeal is directed against the verdict made on 2.3.2022, upon Sessions Case No. NDPS/1112/2014, by the learned Judge, Special Court, Jalandhar, where through he convicted the appellant for a charge drawn qua an offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “the Act”). Through a sentencing order of even date, he proceeded to impose upon the convict sentence of rigorous imprisonment extending upto a period of 12 years, besides imposed sentence of fine of Rs.1,00,000/-, and, in default of payment of fine amount, he sentenced the convict to undergo rigorous imprisonment extending upto a period of three months.

2. The accused-appellant became aggrieved from the above drawn verdict of conviction, and, also the consequent therewith sentence(s) (supra), as became upon the appellant. Resultantly, the aggrieved instituted thereagainst instant appeal before this Court.

FACTUAL BACKGROUND

3. The genesis of the prosecution case are that, on 15.05.2014, SI Shiv Kumar along with police officials was present at ‘Y’ point (located on Dera Bille, River Road) in the area of village Sholey, where a secret information was received to the effect that accused Kuldeep Singh @ Keepa son of Joginder Singh, resident of village Madhepur, P.S. Jagraon is engaged in the business of poppy husk and today, he is coming in a maruti car bearing No.PB03-D-0728 loaded with poppy husk bags in order to sell the same from village Sholey towards river side of village Bille and if he is intercepted, he can be apprehended, red handed. Relying upon the said information, a ruqa was sent to the police station for recording FIR. In the mean time, a maruti car being driven by accused Kuldeep Singh @ Keepa bearing registration No.PB03-D-0728 was intercepted. Accused was enquired about his whereabouts.

4. Before effecting the search of accused, SI Shiv Kumar tried to take consent of accused, but accused Kuldeep Singh @ Keepa told that he intend to have his search from a Gazetted Officer. A separate non consent memo was prepared. Ashwani Kumar, DSP(D), Jalandhar Rural was called at the spot, who informed the accused that he has got suspicion regarding some narcotic substance in his possession. So, he has got a legal right to have his search and search of his car either before any other Gazetted Officer or a Magistrate, but accused reposed confidence in Ashwani Kumar, DSP (D). A separate consent memo was prepared.

5. From the search of Dickey of car, two bags of poppy husk under the tarpaulin containing 20 kg each were recovered. Two sample of 250 grams each were separated from the bags of poppy husk and the remaining poppy husk came to 20 kg and 19½ kg each. Poppy husk was put back into bags and were sealed with seals bearing impressions ‘SK’ and ‘AK’. Sample parcels as well as bags of poppy husk were taken into possession vide separate recovery memos. Form M-29 was filled at the spot. Seal was handed over to ASI Surinder Singh after its use. On return to the police station, case property was produced before SI/SHO Surjit Singh. Maruti car along with tarpaulin was also taken in possession vide separate recovery memo.

6. During the course of interrogation, accused Kuldeep Singh @ Keepa suffered a disclosure statement to the effect that he has concealed 30 bags of poppy husk in the bushes, below the cheff (Parali) on the banks of river Sutlej in the area of Dhussi Bandh and accordingly, he got recovered 30 bags of poppy husk from the nominated place. Two sample of 250 grams each were separated from the bags and were converted into parcels. 29 bags came to 20 kg each and one bag of 19.500 grams on weighing the same, which were put back into said bags. Sample parcels as well as 30 bags of poppy husk were taken in possession vide separate recovery memo after sealing the same with seals bearing impression ‘SK’ and ‘AK’. The seal was handed over to ASI Surinder Singh