- (1.) Accused Amarjit Singh who stood trial for the offence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the NDPS Act") was convicted thereunder and was sentenced to undergo 15 years of rigorous imprisonment and to pay a fine of Rs. 1,50,000/- and in default to undergo a further period of one and half years of rigorous imprisonment. The case of the prosecution as unfolded by the witnesses examined on its side is as follows: (a) On 30.4.2005 PW3 ASI Gurdarshan Singh attached to Police Station Sadar Abohar, proceeded along with other police officials including PW4 HC Puran Chand in connection with the nakabandi on defence road Sito Guno. He sported a truck bearing registration No. PB-08-R-6281 coming from Matili. In the meanwhile, independent witness Vinod Kumar also joined the police party. The accused Amarjit Singh was driving the above said truck. On interrogation, he disclosed his identity. The truck was seized on suspicion. In the presence of PW5-A DSP Narinderpal Singh, search was conducted and opium was recovered in the cabin of the said truck. Two sample parcels of opium each containing 10 grams were separated and converted into two sample parcels. The remainder bulk quantity which weighed 30 kgs of opium was separated and parcelled. The samples as well as the bulk parcels of the opium were separately sealed. PW3 ASI Gurdarshan Singh put his seal impression "G.S." and PW5-A DSP Narinderpal Singh put his seal impression "NPS" on both the sample parcels and the bulk parcel. PW3 handed over his seal after its use to PW4 HC Puran Chand while PW5-A DSP Narinderpal Singh retained his seal with himself after its use. PW3 took the entire property along with sample seal chit through recovery memo Ex.P11. PW4 HC Puran Chand and independent witness Vinod Kumar also signed as witnesses. PW5-A also attested the same. On personal search currency notes of Rs. 700/- were recovered. (b) PW3 sent ruqqa to the SHO PW2 SI Jaspal Singh who registered formal First Information Report. The accused was arrested on explaining the reasons for arrest. Rough site plan Ex.P21 was prepared by PW3. The witnesses were examined by him and their statements were recorded under Section 161 Cr.P.C. The entire material objects along with the accused and the truck were handed over to PW2 SI Jaspal Singh who having interrogated the accused fixed his seal impression "J.S." on both the sample parcels, bulk parcel and the sample seal chit and took custody of entire case property into possession. (c) PW2 produced the case property along with the accused before Ilaqa Magistrate. The accused was remanded to judicial custody. The Ilaqa Magistrate directed PW2 to deposit the case property in the police malkhana. The sample was sent to Chemical Examiner, Amritsar. The Chemical Examiner, Amritsar returned a finding that there was no opium found in the sample. (d) PW2 submitted an application before the Special Court for praying to send second sample of the case property for second opinion. The learned Special Judge passed an order to produce the bulk parcel on 27.9.2005. On production of the bulk parcel the learned Special Judge passed an order to draw a sample of 20 grams from the bulk quantity of contraband and sent the same to Central Forensic Science Laboratory, Hyderabad, for second opinion. Thereafter the bulk quantity was properly parcelled and sealed and was deposited in the malkhana of the Court. The report received from the Central Forensic Science Laboratory, Hyderabad was marked as Ex.P9. PW3 having completed the investigation laid final report as against the accused.
(2.) The accused has stated responding to the questioning under Section 313 Cr.P.C. that he was falsely implicated in the case. The sample sent to the Chemical Examiner, Amritsar did not contain opium but the police officials manipulated the contraband in order to save their own skin. It is his further submission that no incriminating article was ever recovered from him.
(3.) The trial Court having relied upon the evidence of PW2 SI Jaspal Singh, PW3 ASI Gurdarshan Singh, and PW5-A DSP Narinder Pal Singh in the background of the report obtained from the Central Forensic Science Laboratory, Hyderabad held that the accused was in the conscious possession of opium.;