JUDGMENT :

Kirti Singh, J.

By way of the present appeal, challenge has been made to the judgment of conviction dated 15.02.2006 and order of sentence dated 17.02.2006 passed by the court of learned Special Judge, Sonepat, whereby appellant has been convicted under Section 20 of the NDPS Act, 1985 and sentenced to undergo rigorous imprisonment for a period of 02 years and to pay fine of Rs.2,000/- and in default to further undergo rigorous imprisonment for a period of three months.

Factual Matrix

2. The facts in brief of the case of prosecution are that on 04.04.2005 police party headed by Sub-Inspector Sultan Singh boarded the Jhelum Train No.1078 DN from Railway Station Ganaur for general checking and when they entered the compartment and were crossing the passengers then one person after seeing the police party tried to escape. On suspicion he was apprehended and on interrogation he disclosed his identity. In the meanwhile PW Randhir also joined them in whose presence Sub Inspector Sultan served a notice under Section 50 of the NDPS Act to the appellant. He was then asked whether he was to be searched in the presence of any Gazetted Officer or Magistrate as there was doubt that he might be having some contraband in his possession. The accused in his own handwriting opted for his search to be effected in the presence of Gazetted Officer.

3. After taking the option of the accused, Sub Inspector Sultan Singh informed the DSP GRP Ambala Cantt, who came to the Railway Station Sonepat. On his direction SI Sultan Singh effected personal search of the accused from whom 485 gms of Charas was recovered which was wrapped in a polythene bag. After that he converted the sample and the remainders into three different sealed parcels by affixing his own seal as well as that of DSP and took the same into police possession. The accused failed to show any permit or licence for keeping the charas in his possession which was in contravention of the provision of Section 20 of NDPS Act. Then the Sub Inspector got the case registered in the Police Station GRP, Sonepat by sending ruqa. Thereafter, ASI Ram Chander received ruqa Ex.PE from SI Sultan Singh and on the basis of the same he recorded the formal FIR Ex.PE/1 after making his own endorsement Ex.PE/2. On the same day, SI Sultan Singh deposited the case property with him in intact condition and on the next day he handed over two sealed parcels in intact condition to SI Sultan Singh for producing the same before the Court of Chief Judicial Magistrate, Sonepat. Then on 05.04.2005, SI Sultan Singh moved an application under Section 52A of the NDPS Act and produced before the Court one sealed sample containing 485 grams charas sealed with seal impression 4SS and 4SRK and two sealed parcels each containing 10 grams of charas with seal impression 2SS and 2 SRK for compliance under Section 52-A of NDPS Act. The seal of the same were found intact and visible by the Court. The case property along with samples referred above was returned to Sultan Singh SI/SHO with a direction to deposit the same in the Malkhana. Then on 19.04.2005 he sent the samples in sealed condition to the FSL for chemical examination. The seal was in intact condition with seals of SS and SRK and on chemical examination, the samples were identified as charas. After completion of investigation, the final report under Section 173 Cr.P.C. was submitted before the Court. The appellant-accused was charge sheeted under Section 20 of the NDPS Act to which he pleaded not guilty and claimed trial.

4. The prosecution in support of its case has examined the witnesses namely HC Satbir Singh PW1, Randhir Singh PW2, Sarney Ram, DSP PW3, Ram Chander, SI PW4, Ashok Kumar Constable PW5, Sultan Singh, SHO PW6 and ASI Satpal Singh PW7. The statement of the accused under Section 313 Cr.P.C. was recorded in which he pleaded himself to be innocent and claimed false implication.

5. Learned trial Court held the appellant guilty of the offence vide judgment of con