IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Reserved: 02.12.2025 Date of Pronouncement: 08.12.2025 State (U.T., Chandigarh) ....Applicant.

Versus Anil Tanwar ...Respondent.

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CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA HON'BLE MRS. JUSTICE SUKHVINDER KAUR .......

Present: Mr. Sumit Jain, Addl. P.P., U.T., Chandigarh with Mr. Dushyant Rana, Advocate for U.T., Chandigarh.

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Sukhvinder Kaur , J .

1. The appellant-State has preferred the instant appeal against judgment dated 17.01.2020, passed by learned Judge, Special Court, Chandigarh, vide which respondent-accused Anil Tanwar has been acquitted.

2. Present FIR was registered on the allegations that on 06.7.2018, SI Jaivir Singh along with other police officials was on patrolling duty near Girls College, Sector 42, Chandigarh. At about 8.35 P.M., when they reached near T point near petrol pump Sector 42, Chandigarh, they saw the accused coming from slip road, Lake Sector 42, Chandigarh. After seeing the police party, he turned back immediately and started walking swiftly. On suspicion, the accused was apprehended and tried to threw one small polythene bag after taking it out from the right pocket of his pant, but SI Jaivir Singh did not allow him to do so. He disclosed his name as Anil Tanwar. After checking said polythene bag 5.30 grams of heroine was recovered from the possession of the accused, without any permit or licence. Two samples were taken out from the polythene bag and were put in the plastic bag and was further kept in plastic container and wrapped in white cloth, which were sealed with the seal of 'JB' at two places. The remaining contraband/heroine was kept in the same polythene bag and put in plastic container, which was wrapped with white cloth which was also sealed with the seal of 'JB' at two places. Sample seal was separately prepared. Test memo form was filled at the spot. Heroine/contraband along with sample seal was taken into possession. Ruqa was sent to the Police Station on the basis of which present FIR was registered. Thereafter, SI Mehar Singh second Investigating Officer reached at the spot and the accused alongwith the entire case property consisting of sealed parcels were handed over to him alongwith sample seal. Accused was arrested. Rough site plan was prepared and personal search memo was also prepared. Thereafter, SI Mehar Singh took the other recovery witnesses as well as accused and case property for producing before the SHO at Police Station 36, Chandigarh. During the course of investigation, statements of witnesses were recorded. The case property was produced before the Ilaqua Magistrate, who after verification certified the inventory prepared. One of the samples was sent to the office of CFSL for examination and after receipt of CFSL report and completion of necessary formalities, challan against the accused was presented in the Court.

3. After finding a prima facie case against the accused, he was charge-sheeted for the offence punishable under Section 21 of NDPS Act, to which he pleaded not guilty and claimed trial.

4. In order to prove its case, the prosecution has examined as many as eight witnesses. PW1-HC Yash Pal proved on record the site plan Ex.P2 prepared by him.

PW2-HC Naresh Kumar, deposed regarding depositing of sample in Malkhana on 07.07.2018 handed over to him by Inspector Ranjodh. He further deposed regarding the inventory proceedings before the learned Magistrate and also deposed that after inventory he deposited two samples and remaining case property in the Malkhana. On 09.07.2018, he sent samples to CFSL through C-Sumit and after depositing the same on the same day, he handed over the receipt to him. On 27.07.2018, the result alongwith sealed parcel was handed over to him by Constable Manoj Kumar and he deposited the sealed parcel in the Malkhana. He proved the relevant entry Ex.P3; copy of road certificate Ex.P4 and copy of the acknowledgement Ex.P5.

PW3-Inspector Ranjodh Singh, deposed regarding producing