JUDGMENT :

Sudhir Singh, J.

The present appeal has been filed against the judgment dated 30.11.2015 passed by the Special Court (A), Gurdaspur, whereby, accused-appellant (Surjit Singh @ Tikka) has been convicted and sentenced to undergo rigorous imprisonment for a period of 10 years for commission of the offence under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') along with the fine of Rs.1,00,000/- and, in default of payment of fine, to undergo rigorous imprisonment for a period of 02 years and further to undergo rigorous imprisonment for 02 years for commission of the offence punishable under Section 21 of the NDPS Act along with the fine of Rs.20,000/- and, in default of payment of fine, to undergo rigorous imprisonment for a period of 06 months.

2. Lower Court records has been received.

3. The prosecution case was that on 14.08.2012, ASI Daljit Singh, along with other police officials, was present near Gurudwara Tapiana Sahib, Kinjad Pull Sua, in the vicinity of village Nangal, in connection with patrolling duty. In the meantime, accused-appellant (Surjit Singh alias Tikka) was seen coming from the side of village Pandori and on seeing the police party, he tried to turn back. However, with the help of other police officials, he was apprehended on the basis of suspicion. He was carrying a polythene packet containing something suspicious in his right hand. After obtaining the consent of the accused-appellant, his personal search was conducted in the presence of Mr. Ranjit Singh, DSP, Halqa Qadian, whereupon a polythene envelope containing three plastic packets was recovered from his possession. The first packet was found containing 200 intoxicant capsules of Jaxson, out of which two samples of 10 capsules each were separated and put in two small containers. Remaining 180 capsules were put in a separate container. The second packet was having five injections (without label), out of which, one injection was separated as a sample. The third packet was containing intoxicant powder, out of which, two samples of 50 grams each were separated and the remaining bulk, after weighing, came to be 900 grams. Separate parcels of the recovered contraband were prepared and sealed by ASI Daljit Singh and DSP Ranjit Singh with their seals bearing impressions 'DS' and 'RS' respectively.

4. Thereafter, ruqa was sent to the police station, on the basis of which, FIR No. 90 dated 14.08.2012, under Sections 21/22 of NDPS Act, was registered at Police Station, Ghuman. After investigation, the charge-sheet was submitted, where-after cognizance was taken. Thereafter, charge under Sections 21/22 of the NDPS Act was framed against the accused-appellant, to which he pleaded not guilty and claimed to be tried.

5. During trial, the prosecution examined seven witnesses, namely, PW1 ASI Daljit Singh, PW2 HC Rattan Jyoti Singh, PW3 NMMK Jatinder Jit Singh, PW4 HC Amrik Singh, PW5 ASI Parminder Singh, PW6 DSP Ranjit Singh and PW7 Inspector Sarabjit Singh. On conclusion of the prosecution evidence, statement of the accused-appellant was recorded under Section 313 Cr.P.C., wherein entire incriminating evidence was put to him. However, he denied the same and pleaded false implication in the case. In defence, the accused-appellant examined DW1 PHC Buta Singh, DW-1 (renumbered) Makhan Singh and DW-2 Rajinder Kumar.

6. After conclusion of the trial, the learned Trial Court convicted and sentenced the accused-appellant, as noticed above. The grounds considered by the learned Trial Court for recording the conviction of the appellant were as under:-

'(1) Though there is a delay in sending the samples for examination, but the same would not be fatal. There was no evidence that the samples of the case property were tempered with.

(2) The chemical examiner in his reports Exs.PJ and PK, has specifically mentioned that the seals were intact.

(3) Investigating Officer, ASI-Diljit Singh (PW1) had deposed that the case property had been h