The prosecution must maintain an unbroken chain of custody for evidence; failure to do so can result in acquittal due to reasonable doubt.

JUDGMENT :

Sureshwar Thakur, J.

1. The instant appeal is directed against the impugned verdict, as made on 11.8.2004, upon case bearing NDPS File No. 94 of 25.6.2002, by the learned Judge, Special Court, Bathinda, where-through in respect of a charge drawn against the accused qua an offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “the Act”), the learned trial Judge concerned, proceeded to record a finding of conviction against the accused-appellant.

2. Moreover, through a separate sentencing order of even date, the learned trial Judge concerned, sentenced the convict to undergo rigorous imprisonment for a period of twelve years for the commission of an offence punishable under Section 15 of the Act, besides also imposed, upon the convict sentence of fine, comprised in a sum of Rs. 1,50,000/-, and, in default of payment of fine amount, he sentenced the convict to undergo rigorous imprisonment for a period of nine months.

3. The accused-convict becomes aggrieved from the above drawn verdict of conviction, besides also, becomes aggrieved from the consequent therewith sentences of imprisonment, and, of fine as became imposed, upon him, by the learned convicting Court concerned, and, hence has chosen to institute thereagainst the instant criminal appeal.

Factual Background and Investigation proceedings

4. The genesis of the prosecution case, becomes embodied in the appeal FIR, to which Ex. PD/1 is assigned. The narrations carried in Ex. PD/1 are that on 31.3.2002, at about 11.00 A.M., Parlad Singh Sub Inspector, Station House Officer of Police Station, Dialpura alongwith posse of police officials was going for patrolling and checking bad element towards village Jalal on a kacha path in a Government vehicle bearing No. PB-03-9203. On the way, he had joined Mithu Singh independent witness in the Police Party. When the police party crossed about one kilometer from village Jalal, he found that on the left side of the kacha path, some gunny bags were kept, and, the accused was found sitting on the said gunny bags. On seeing the police vehicle, the accused had gone perturbed, and, tried to conceal himself behind the bags which arose suspicion in the mind of the investigating officer concerned. Since he suspected that bags might be containing some contraband, therefore, he apprehended the accused and told him that he is suspecting some contraband in the bags and wants to search the same.

5. The investigating officer concerned, apprised the accused about his legal right to get his search conducted from any Magistrate or any other gazetted officer, whereupon the accused desired for the presence of a gazetted officer for his search. Subsequently, DSP Jagjit Singh Gill reached the spot to witness the search proceedings. The DSP also apprised the accused of his legal right qua the search of the bags in his conscious possession from another Gazetted Officer or a Magistrate, but the accused reposed confidence in him. Thereupon, upon the search of the bags, poppy husk became recovered. Out of each bag, a sample containing 250 grams of poppy husk was separated and all 11 samples were taken out and became converted into parcels, which were duly sealed with the seal of the investigating officer bearing impressions ‘PS’. Upon weighment of the bulk poppy husk, present in the bags, it came to 29 Kgs.750 gms. All the elevent bags were also converted into parcels and sealed with the seal bearing impression ‘PS’. Seal impression was prepared at the spot. Seal after use was entrusted to ASI Gurnam Singh. The entire contraband and sample seals were taken into police possession vide recovery memo Ex. PC. Ruqa Ex. PD was sent to the Police Station concerned, for registration of a case and on its basis formal FIR EX. PD/1 was registered.

6. On 1.4.2002, the investigating officer concerned, produced the accused and the entire case property including the sample seal before the learned Area Magis