JUDGMENT

Mrs. Sukhvinder Kaur, J.

Appellant-State of Punjab has preferred the instant application under Section 378(3) Cr.P.C. seeking leave to appeal against judgment dated 05.05.2015, pertaining to FIR No.213 dated 26.12.2012, under Section 22 /61/85 of the NDPS Act, registered at Police Station 'C' Division, Amritsar, passed by learned Judge, Special Court, Amritsar, vide which respondent/accused-Harpreet Singh @ Happy has been acquitted.

2. The factual scenario, as per the prosecution, is that on 26.12.2012, when ASI Gulwinder Singh along with police party was going to Sakatri Bagh, Nigam Colony in connection with routine patrolling and checking of bad elements, then the police party noticed that accused was coming from the side of Gian Ashram School. On seeing the police party, he got perplexed and tried to throw away a polythene bag, which he was holding in his hand but the Investigating Officer apprehended him with the help of the police party on the basis of suspicion. Upon asking, he disclosed his name as Harpreet Singh @ Happy son of Mukhtiar Singh besides other particulars. Then Investigating Officer after disclosing his identity to the accused, told him that he had the suspicion that accused was having some contraband and showed his intention to conduct the search of the accused. The Investigating Officer apprised him regarding his legal right to get his search conducted in the presence of Gazetted Officer or Magistrate. However, accused reposed confidence in the Investigating Officer and the consent memo was prepared. The Investigating Officer also tried to join some independent witness in the police party, but none was willing to join the same. Thereafter, Investigating Officer conducted the search of the accused which led to recovery of a polythene bag containing intoxicant powder, out of which two samples of 10 grams each were separated and were put into two plastic containers and remaining bulk came to be 980 grams, which also put into a different plastic container. Accused failed to produce any permit or license for keeping the said intoxicant powder. Investigating Officer separated samples and converted the bulk into parcels. The Investigating Officer put his seal bearing impression 'GS' on all the parcels and sample seal chit and Form No.M-29 was prepared at the spot. Seal after use was handed over to HC Manohar Singh. Whole of the recovered contraband and seal chit were taken into police possession vide separate recovery memo and same was witnessed by official witnesses and attested by Investigating Officer. Ruqa was sent to the police station. FIR was registered by ASI Balwinder Singh against accused. Site-plan was prepared at the spot. Accused was interrogated and arrested vide grounds of arrest cum intimation memo. Personal search memo of the accused was prepared, but nothing was recovered from his personal search. Form No. M-29 was also prepared. Statements of witnesses were recorded. Upon reaching the police station, the accused along with case property was produced before the officiating SHO Inspector Iqbal Singh. After the verification, Inspector Iqbal Singh affixed his seal bearing impression 'IS' on the case property and sample chit and thereafter, the case property was deposited in the police malkhana under double lock. On next day, Investigating Office