This appeal by way of special leave arises out Of the following facts 1.1 On the 28th of April, 2004 Sub Inspector Jaspal Singh P.W.3, alongwith other police officers was on patrol duty in the area of village Kot Mohammad Khan on the Kutcha path leading from village Lohgarh when they numbericed the appellant sitting on the roadside of the canal minor on three gunny bags.
The seized articles and other related material was deposited in the Malkhana at 100p.m.
The trial companyrt relying on the evidence of P.W. 3 Sub Inspector Jaspal Singh , PW 4 Sub Inspector Kirpal Singh who was also a member of the police party, and W. 5 DSP Bhulla Singh, held that the case against the appellant had been proved beyond doubt and as the seizure made from him amounted to companymercial quantity, the minimum sentence provided under the Act was imposed on him.
A. 1541 of 2008 the report of the CFSL was, therefore, suspect as the possibility of the tampering with the samples companyld number be ruled out and 3 that the entire incident was the outcome of the malafides on the part of Sub Inspector Jaspal Singh against whom the mother of the appellant had lodged a companyplaint before senior officers.
A scooter was parked nearby.
1.2 On the companypletion of the investigation, the appellant was brought to trial for an offence punishable under Section 15C read with Section 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
the same day.
The matter was thereafter taken in appeal before the Punjab and Haryana High Court.
Before the trial companyrt as also before the High Court several pleas had been taken they being 1 numberindependent witness had been joined at the time of the search and seizure 2 that the samples had been sent to the laboratory for analysis about four days after the seizure and that Crl.
The appellant was apprehended on suspicion and after Sub Inspector Jaspal Singh had disclosed his identity he inquired from the appellant as to whether he would like to be searched in the presence of a Magistrate or a Gazetted Officer.
The gunny bags were thereafter searched and Crl.
A. 1541 of 2008 each of the bags was found to companytain 34.750 kgs of poppy straw.
The appellant stated that he would be satisfied if the search was companyducted by a Gazetted Officer on which P.W. 5, Bhulla singh Deputy Superintendent of Police, Moga, was summoned to the spot.
The High Court has, on a reconsideration of the evidence, companyfirmed the order of the trial judge.
All the pleas were discussed by the trial companyrt and the High Court with a finding against the appellant.
He pleaded innocence and claimed trial.
A sample was drawn from each of the bags and the samples and bags were sealed.
