IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on 11.11.2024 Date of decision: 14.01.2025 Nirmal Singh ...Appellant Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE KARAMJIT SINGH Argued by: Mr. Nandan Jindal, Advocate for the appellant.

Mr. J.S. Dhaliwal, AAG, Punjab.

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KARAMJIT SINGH, J.

1. The present appeal is directed against the judgment and order dated 03.02.2014 passed by the Court of Special Judge, Ferozepur vide which the appellant/accused was convicted and sentenced to rigorous imprisonment for a period of two years and to pay a fine of Rs.14,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of three month, under Section 18(c) of the NDPS Act.

2. Briefly stated, the facts giving rise to the present appeal are that on 21.09.2010, the police party headed by PW-1 ASI Kartar Singh apprehended the appellant from the area of village Diwan Khera, on the basis of suspicion and at that time, the appellant was carrying one polythene bag in his right hand. PW-1 ASI Katar Singh informed the appellant about his legal right to be searched before a Magistrate or a Gazetted Officer. The appellant consented to be searched by PW-1 ASI Kartar Singh. To this effect, consent memo Ex.P-1 was prepared. In the meantime, independent witness Hansraj came there and he was associated in the police party. On checking of the aforesaid polythene bag, 700 grams of opium was recovered. The investigating officer separated two samples each weighing 10 grams out of the bulk. The said two samples and the remaining bulk were sealed by investigating officer with his seal having impression ‘KS’. Separate sample seal impression was also taken on Form No.M-29 and after use the investigating officer handed over his seal to PW-2 HC Bal Krishan. The entire case property was taken into possession by the police vide memo Ex.P-3 attested by PW-2 HC Bal Krishan and HC Birbal Singh. The appellant was formally arrested and the investigating officer also prepared the rough site plan of the place of recovery Ex.P-8. Ruqa Ex.P-5 was also sent to the police station by the investigating officer, on the basis of which FIR Ex.P-6 was registered in the police station. On completion of investigation at the spot, the appellant along with the entire case property was produced before PW-3 ASI/officiating SHO Balbir Singh, who checked the entire case property and then appended his seal bearing impression ‘BS’ on the entire case property and sample seal impression was also taken on Form No.M-29. Thereafter, the case property was deposited in malkhana while the appellant was sent to police custody. On the next day, the appellant along with the entire case property was produced before the Illaqa Magistrate concerned along with police request Ex.P-14 wherein the detail of the case property was given. One representative sample of 10 grams was separated, out of the bulk parcel weighing 680 grams. The said sample was sealed by the Illaqa Magistrate concerned with his seal having impression ‘RV’. Separate sample seal impression was also prepared. The Illaqa Magistrate concerned passed order Ex.P-15 in this regard. One of the sealed sample parcels was sent to the FSL for its analysis. As per the report of FSL Ex.P-11, the said sample was found to be that of opium. On completion of investigation, police presented challan against the appellant.

3. The trial Court charged the appellant under Section 18 of NDPS Act to which the appellant pleaded not guilty and claimed to be tried. 4. The prosecution examined four witnesses in all to prove its case. PW-1 ASI Kartar Singh proved consent memo Ex.P-1, recovery memo Ex.P-3, ruqa Ex.P-5, FIR Ex.P-6, arrest memo Ex.P-9 and site plan Ex.P-8 he being the investigating officer. He also proved Form No.M-29 Ex.P-2. PW-2 HC Bal Krishan corroborated the statement made by PW-1, being recovery witness PW-3 ASI Balbir Singh who at the relevant time was officiating SHO, also corroborat