JUDGMENT :

Gurvinder Singh Gill, J.

The appellants Balwinder Singh and Bhola Singh assail judgment and order dated 4.9.2017 passed by learned Judge, Special Court, Bathinda vide which the appellants have been held guilty of having committed offences punishable under Sections 21 and 22 of the NDPS Act and have been sentenced as under :-

2. It is the case of prosecution that on 2.9.2012, a police party headed by ASI Balbir Singh (Investigating Officer) went for patrolling in the area of village Jajjal. One Jagna Singh was also associated with the police party. When the police party was present near the bridge on minor canal in the area of village Jajjal, two persons were seen coming on foot who were carrying a white coloured heavy plastic bag in their hands. Upon noticing the police party, they threw away the plastic bag and tried to slip away in the fields. However, the police party, getting suspicious, apprehended them. Upon inquiry, they disclosed their names as Balwinder Singh and Bhola Singh. It is further the case of prosecution that a transparent envelope could be seen lying inside the bag which had been thrown by the accused and some intoxicant powder and intoxicant vials of Rexcof were visible. Both Balwinder Singh and Bhola Singh were extended an offer in terms of Section 50 of the NDPS Act but both of them stated that they reposed confidence in the Investigating Officer with regard to search of their bag. A sample of 50 grams of intoxicant powder was separated and the remaining intoxicant powder was found to weighing 250 grams. Similarly, one vial of Rexcof was taken as a sample and the remaining were found to be 61 vials. After completing proceedings at the spot, the case property was deposited in the Malkhana. The samples which had been drawn at the spot were sent for analysis to FSL on 12.9.2012 through Head Constable Baldev Singh. As per the report of FSL, the recovered intoxicant powder was found to be containing 'Methamphetamine' and the vial were found to contain 'Codeine'.

3. Upon completion of investigation, challan was presented against the accused on 28.4.2014.

4. The Special Court, Bathinda, initially framed charges for offence punishable under Sections 21 of the NDPS Act on 8.5.2014. However, subsequently amended charges for offences punishable under section 21 and 22 of the NDPS Act were framed on 4.9.2017.

5. The prosecution, in order to substantiate its case, examined as many as 5 prosecution witnesses. PW-1 ASI Balbir Singh (Investigating Officer) stated in detail with regard to the entire investigation conducted by him right from apprehension of the accused on 2.9.2012 upto the presentation of challan. He duly proved all the documents prepared including recovery memo, consent memo, rough site plan etc.

6. PW-2 Head Constable Iqbal Singh, who was also comprised in the police party when the accused had been apprehended, corroborated the prosecution story and broadly stated in tune with the testimony of the PW-1 ASI Balbir Singh (Investigating Officer).

7. PW-3 Head Constable Baldev Singh deposed that on 12.9.2012, ASI Darshan Singh SHO had handed over sample parcels to him for depositing the same in the office of FSL, Mohali which he accordingly deposited the same with FSL. PW-4 ASI Darshan Singh stated that on 2.9.2012, he was working as ASI-cum-officiating SHO and that ASI Balbir Singh produced before him the accused alongwith sample parcels and the bulk parcel of recovered intoxicants duly sealed, upon which he also affixed his seals and that the case property was kept in safe custody. He further deposed that on 12.9.2012, he handed over the sample parcels to Head Constable Baldev Singh for depositing the same in the office of Chemical Examiner, Kharar which was deposited on 13.9.2012. He stated that as long as