Prosecution must establish its case beyond reasonable doubt, especially in narcotics cases, where procedural integrity is critical for securing a conviction.

JUDGMENT :

DEEPAK GUPTA, J.

The two accused Kuljit Singh (appellant of CRA-S-2832-SB-2010); and Lakhwinder Singh (appellant in CRA-S-2878-SB-2010) were tried by the Court of learned Special Court at Sri Muktsar Sahib, in a case arising out of FIR No.49 dated 02.03.2005, registered at Police Station Lambi under Section 18 of the NDPS Act. Both of them were found to be guilty and so, convicted under of the NDPS Act, by learned Special Court, Sri Muktsar Sahib vide judgment dated 08.11.2010. Vide a separate order of the even date, both of them were sentenced to undergo rigorous imprisonment for a period of 4 years each and also to pay fine of Rs.30,000/- each with default sentence of 1 year rigorous imprisonment.

2. Against the aforesaid conviction and sentence, both the convicts have filed the present separate appeals.

3. CRA-S-2832-SB-2010, pertaining to appellant-Kuljit Singh, was admitted on 23.11.2010; whereas CRA-S-2878-SB-2010, pertaining to appellant-Lakhwinder Singh, was admitted on 03.12.2010.

4. Before final hearing in these appeals, Ld. State Counsel placed on record the respective custody certificates of both the appellants, which revealed that appellant-Lakhwinder Singh had already undergone actual custody period of 1 year and 12 days; whereas appellant-Kuljit Singh had already undergone actual custody period of 1 year and 15 days. None of them are involved in any other case. This Court asked the learned counsel for the appellants as to whether the appellants would be satisfied, in case their sentence is reduced to the period already undergone by them. However, learned counsel for the appellants insisted that both the appellants deserve acquittal, as they have been falsely implicated.

5. This Court has considered submissions of both the sides and has appraised the record.

6.1 As per prosecution version, on 02.03.2005, a Police party headed by ASI Mukhtiar Singh (PW1) along with other officials was holding a naka at Chowk Berrian at Village Mann. One Balkaran Singh (DW3) of Village Adhanian was joined in the police party. At about 4:40 PM, a car bearing registration No.DL-2CE-9272 was spotted coming from village Badal. On the signal given by the IO, the driver halted the car. Two persons alighted from the same and tried to flee in different directions. Both of them were apprehended and their whereabouts were enquired. The person driving the car disclosed his name as Lakhwinder Singh; and the person sitting beside him disclosed his name as Kuljit Singh. ASI Mukhtiar Singh told them that he suspected contraband in their possession and so, wanted to search them and their car. Both of them were apprised of their legal right to be searched either before the Magistrate or before a Gazetted Officer. However, both of them reposed faith in the IO i.e. ASI Mukhtiar Singh. Consent memo Ex.PA in this regard was prepared, which was duly attested by HC Amrik Singh (PW5) and Balkaran Singh i.e. independent witness besides the accused.

6.2 On search of the car, opium wrapped in a glazed paper was recovered from the dashboard of the car. Sample of 10 gm thereof was separated and converted into parcel. On weighment, the remaining opium came to be 990 grams, which was also converted into separate parcel. Both the parcels were duly sealed by the IO with his seal bearing ‘MS’. Specimen seal Ex.P1 was prepared and after use, the seal was handed over to HC Gurjant Singh. The case property was taken into possession vide recovery memo Ex.PB. Ruqqa Ex.PC was sent to the police station and on that basis FIR Ex.PC/1 was registered by SI Karam Singh. The personal search memo of accused Lakhwinder resulted in the reco