The judgment emphasizes the importance of adherence to legal procedures in arrests and seizures, as well as the prosecution's burden to establish the integrity of recovered evidence beyond reasonable doubt.

This appeal preferred u/s 374(2) of The Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr.P.C.) is directed against the judgment and order dated 30th May 1988 passed by the Addl. Sessions Judge, Nainital in Sessions Trial no. 266 of 1987 State vs. Nandan Singh,whereby the learned/Addl. Sessions Judge convicted the appellant/accused under Section 20 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to in brief as the Act) and awarded sentence to undergo rigorous imprisonment for a period of 10 years' and also with a fine of Rs. One Lac. It was also directed that in default of payment of fine he shall further undergo rigorous imprisonment for 2 years'.

2. In brief, the prosecution case is this that on 10.09.1986 when the S.S.I. P.C. Pant alongwith the S.I. K.S. Hayanki and Constable Suresh Pal and Constable Nanhe Babu was busy in checking of the vehicles at Barapathar, Nainital, in the meanwhile, at 01 :05 p.m. a person was coming towards Mangoli and was going towards Nainital carrying one red bag on his shoulder. On seeing the police personnel the person started to move quickly towards the Himalayan Pravesh Dwar. The police personnel suspecting on his activities told him to stop but he did not stop and started running quickly. The police party, after chasing him, caught hold of him 50 steps downward from Himalayan Dwar. On inquiry, he disclosed his name as Nandan Singh. Before being searched the man apprehended, the police personnel made search of each other, but nothing illegitimate item was traced. On making search of the accused; inside the Rexine bag on his shoulder about 1/2 Kg. of CHARAS was recovered in a used woolen shawl in two polythene packets. The accused was taken into custody and the recovered CHARAS was sealed in the same bag alongwith the woolen shawl and the sample seal was taken. A FARD was prepared at the spot in regard to the said recovery and signatures of the witnesses were taken. The FARD is Ext. Ka-1. On the basis of the FARD, the First Information Report Ext. Ka-2 was lodged by 5.5.1. P.C. Pant in the Kotwali, Mallital on 10.09.1986 at 15:10 p.m. and a case crime no. 41 of 1986 u/s 60 Excise Act was registered.

3. The investigation of the case was entrusted to P.W.3 S.I. Sri V.K. Nautiyal. During the course of investigation, the I.O. prepared the site plan Ext. Ka-5. The CHARAS, shown to be recovered from the possession of the accused/appellant, was sent for chemical examination vide letter dated 23.09.1986 and the Assistant Director of the Lab at Agra had submitted a report dated 4th November 1986 which is Ext. Ka-7. In the report, it was informed that the article sent to the Lab was examined and was found suspected CHARAS. During the course of investigation, the Investigating Officer-has- also recorded the statement of the witnesses and after completion of the investigation, the I.O. submitted a charge sheet against the accused/ appellant on 01.12.1986 u/s 60 of the Excise Act before the Chief Judicial Magistrate, Nainital. The Chief Judicial Magistrate, Nainital registered a case on 21.02.1987 and summoned the accused/ appellant.

4. On 01.12.1987, the learned Chief Judicial Magistrate, Nainital, after hearing learned counsel for the accused/appellant as well as the A.P.O., has committed the case to the Court of Sessions with the observation that the offence falls u/s 20 of the Act, hence the offence is exclusively triable by the Court of Sessions.

5. Learned Sessions Judge, Nainital after hearing the parties on 14.04.1988 framed the charge for the offence punishable under Section 8/20 of the Act against the appellant/accused. The charge was read over and explained to the accused who pleaded not guilty and claimed to be tried.

6. Thereafter the case was transferred to the Court of I Addl. Sessions Judge, Nainital, vide orders of the Sessions Judge, Nainital dated 12.05.1988, for hearing and disposal according to law.

7. The prosecution, to prove i