The conviction was overturned due to failure in evidence integrity and procedural compliance regarding sample handling under narcotics law.

JUDGMENT

This criminal appeal is directed against the judgment of conviction and sentence passed by the learned Sessions Judge, Solan, Camp at Nalagarh, in Sessions Trial No. 5-NL/7, dated 17.07.2008, whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.20,000/- (Rs. Twenty Thousand) and in default to further undergo rigorous imprisonment for six months for the commission of offence punishable under Section 15 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘Act’).

2. The brief facts of the prosecution case are that the accused on 29.09.2006 at about 4:45 am, SHO/Inspector Som Dutt of Police Station Nalagarh alongwih SI Kamal Kishore, SI Raj Kumar, ASI Sher Singh, H.C. Ranjeet Singh, H. C. Hardev Singh, Constables Sat Pal, Chanchal Kumar and Narinder Kumar had proceeded from the police station on patrolling and excise checking and at about 5:30 am when they were present at Sirsa Khad near Jagat Khana a person carrying one bag on his shoulder seen coming from Ropar side. On seeing the police party, he tried to run away after throwing away the bag. On suspicion, he was overpowered by the police party. Suspecting some stolen articles in the bag, which was tied with the rope was opened and inside it another plastic bag having print of 'Non Branded Atta Hanuman' was found. On opening this, it was found containing some yellowish substance like poppy husk which on the basis of observatory test was identified as poppy straw and identification memo with regard to it was prepared. Thereafter, the name and address of that person was inquired who disclosed his name as Jeet Ram son of Sh. Devi Ram, resident of Jagat Khana, Tehsil Nalagarh, District Solan, H.P. The poppy straw was weighed with the weighing scale which was carried by the police party in its kit. It was found 18 kg. Out of which, two samples of 250 grams each were separately taken and put in cloth parcel sealed with three seals of “T' and the remaining bulk poppy straw was also sealed in the same bag and was sealed with seal 'T'. The samples were also marked as S1, S2 and bulk poppy straw as P1. After taking the case property into possession, sample impressions of the seal used, were taken on the pieces of cloth. Rukka was sent to the police station for registration of the FIR. The site map of the spot and other related documents were prepared. The accused was then arrested and information of his arrest was given to his brother-in-law. After medical examination, the accused was put up in the lock up and the case property was deposited with the MHC of the police station, Nalagarh. Special report was also prepared and sent to the S.P. Solan. One of the samples parcel was sent to Chemical Examination at Chandigarh and on receipt of the report about its nature being of poppy straw, the challan was prepared and presented against the accused in the court.

3. After completion of all the formalities, the accused was charged with the offence punishable under Section 15 (B) of the Act, for which he pleaded not guilty and claimed to be tried.

4. The prosecution examined as many as 6 witnesses in all to prove its case against the accused. Thereafter, statement of accused under Section 313 Cr.P.C. was recorded, wherein, he denied the prosecution story in its entirety and claimed that a false case has been foisted upon him and he is innocent. However, he led no evidence. After recording the evidence, the learned Trial Court convicted and sentenced