The court affirmed the conviction under the NDPS Act but modified the sentence to reflect time already served, emphasizing the need for proportionality in sentencing.

JUDGMENT :

Harpreet Singh Brar, J.

Present appeal has been preferred against the judgment of conviction dated 14.01.2025 and the order of sentence of even date passed by learned Judge, Special Court, Barnala, vide which the appellant was convicted under Section 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) in FIR No.63 dated 03.05.2018 under Sections 22 & 29 of NDPS Act, registered at Police Station Barnala and was sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.15,000/- along with default mechanism.

2. Brief facts of the case are that FIR (supra) was registered at the instance of ASI Jasvir Singh on the allegations that on 03.05.2018, he along with other police officials, was on patrolling and checking of suspicious persons and was moving from Village Bakhatgarh towards Village Malian. At about 04.00 p.m., when they reached near Government High School, Village Bakhatgarh, a person was seen coming on foot on a kacha path (dirt path) from the side of Village Malian and on seeing the police party, he got unnerved and tried to turn towards the school. At this, the police party nabbed the person on the basis of suspicion and upon enquiry, he disclosed his name as Baldev Singh. The Investigating Officer introduced himself to the appellant as well as apprised him of his statutory right under Section 50 of NDPS Act. However, the appellant reposed confidence in him. Thereafter, the Investigating Officer searched the kurta pajama worn by the appellant and recovered a polythene bag from the right pocket of his kurta. The Investigating Officer recovered 12 strips of intoxicant tablets, labelled Alprazolam, each strip containing 10 tablets, 120 tablets in total from the polythene bag and converted the same into a parcel and sealed it with his seal bearing seal impression ‘JS’. A sample seal chit was prepared separately. The seal after use was handed over to HC Gurdeep Singh. Thereafter, the Investigating Officer vide seizure memo took the case property parcel and the sample seal chit into police possession. The Investigating Officer drew a rough site plan of the site of recovery, with correct marginal notes. Personal search of the appellant was conducted vide personal search memo. Thereafter, the Investigating Officer scribed a ruqa and sent it through Constable Harjinder Singh to Police Station Barnala for the purpose of registration of an FIR under Section 22 of NDPS Act against the appellant, on the basis of which, an FIR under Section 22 of NDPS Act was registered. The Investigating Officer, in the course of the ensuing investigation, recorded the witnesses’ statements under Section 161 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) and arrested the appellant. After evidence came on record against him during the investigation, one Lakhvir Singh was nominated as an accused and the offence punishable under Section 29 of NDPS Act was added. Thereafter, the Investigating Officer recorded the witnesses’ statements under Section 161 of Cr.P.C. and arrested co-accused Lakhvir Singh and after conducting his interrogation on 04.05.2018, he suffered a disclosure statement under Section 27 of the Indian EVIDENCE ACT , 1872 and got a polythene bag containing 44 strips of intoxicant tablets, labelled CLAVIDOL-100 SR, each strip containing 50 tablets, 2200 tablets in total, recovered from the disclosed place. The Investigating Officer converted the recovered polythene bag into a parcel and sealed it with his seal bearing seal impression ‘JS’. A sample seal chit was prepared separately. The seal after use was handed over to HC Gurdeep Singh. The