- (1.) This appeal is directed against the judgment of conviction and the order of sentence dated 09.10.2013, passed by the Court of Special Court, Pathankot, vide which the accused/appellant was convicted for the offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called as 'the Act') and sentenced him to undergo rigorous imprisonment for a period of ten years, and to pay a fine of Rs. 1 lakh or in default of payment thereof, to further undergo RI for a period of three years.
(2.) The brief facts of the case which have been noticed by the trial Court in para No.2, is reproduced as under:- "On 10.10.2009, Raghbir Singh, In charge, PP Railway Police Chakki Bank along with HC Tilak Raj and other police officials was present at platform No.1 of railway station in connection with checking duty. At about 12.30 PM, the train number 2471 came from Bandra. After joining the train escort party consisting of HC Gurmit Singh and Constable Dev Raj as well as passenger Dharshan Lal, the police party started checking the passengers. One person alighted from the train and on checking he disclosed his name and particulars i.e. present accused. The accused tried to slip away and he was searched by police in the presence of witnesses. A polythene bag having smack wrapped inside, was recovered from back pocket of his pant. A sample weighing 10 grams was taken out and remaining bulk was measured as 240 grams. The sample drawn and remaining bulk were kept in plastic container and were converted into parcels. The investigating officer affixed seal upon the parcels and were taken into police possession vide memo Ex.PW4/A. Ruqa Ex.PW4/B was sent to police station through Constable Santokh Singh and on the basis of such intimation, the formal FIR Ex.PW/C was recorded by ASI Shambu Dutt PW1. Special reports were dispatched to learned Area Magistrate and higher police officials through PHC Jeet Ram. The accused was formally arrested vide memo Ex.PW4/D and his personal search memo Ex.PW4/E was prepared. The investigating officer also prepared the site plan Ex.PW4/F. On return to police station, the accused along with case property was produced before the then SHO i.e. ASI Shambu Dutt vide memo Ex.PA. The SHO affixed his own seals over both parcels and kept the case property in double lock. On 11.07.2009, the accused and both sealed parcels were produced before learned Area Magistrate and application Ex.PB was moved. Learned Magistrate passed order Ex.PB/1 and PB/2. ASI Shambu Dutt prepared inventory report Ex.PC with order of learned Area Magistrate Ex.PC/1. ASI Shambu Dutt PW1 moved another application Ex.PD to learned Area Magistrate for verifying the seals and in this respect, order Ex.PD/1 was passed. In the presence of learned Area Magistrate, the bulk parcel was opened and another representative sample was taken out, which was converted into parcel and learned Magistrate affixed his own seal over such parcel. The case property as well as samples were returned to ASI Shambu Dutt PW1, who deposited the same in double lock with MHC. On 13.10.2009, the then MHC and now ASI Krishan Pal Singh PW3 handed over the bulk parcel and sample parcels to PHC Balwinder Singh PW5/A and as per direction, he deposited the case property weighing 240 grams with judicial malkhana. In this respect, entry dated 123 of 13.10.2009 Ex.PW5/A has been made in the register, and testified by Ashwani Kumar PW5. The sample parcel was deposited with the office of Chemical Examiner by PHC Balwinder Singh PW5/A. The report of chemical examiner Ex.PX has been received. On completion of investigation, the challan was prepared and presented before the Court." On commitment, the accused was charged under Section 21 of the Act, to which the accused/appellant pleaded not guilty and claimed trial.
(3.) In support of the case of prosecution, it examined PW-1 ASI Shambu Dutt; PW-2 PHC Jeet Ram; PW-3 ASI Krishan Pal Singh; PW-4 Inspector Raghbir Singh; PW-5 Ashwani Kumar, Malkhana Moharrir; PW-5 PHC Balwinder Singh (wrongly written as PW5 instead of PW6) and PW-6 HC Tilak Raj. PW-1 ASI Shambu Dutt testified the seal on the parcels and the presentation of inventory report Ex.PC and passing of order ex.PC/1 by learned Magistrate.;