IN THE HIGH COURT OF PUNJAB & HARYANA 314 STATE OF PUNJAB AVTAR SINGH CORAM: Present: MANJARI NEHRU KAUL, J. 1. against the judgment of acquittal dated Additional Sessions Judge of 1998 under Sections Substances Act, 1985 Amritsar, whereby the accused charges framed against him 2. Swaran Singh allegedly received Singh was residing in plants, preparing opium therefrom, consuming the same, and further indulging in its sale. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRA-D Date of decision: PUNJAB Versus AVTAR SINGH HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL HON’BLE MR. JUSTICE H.S. GREWAL Mr. Amit Rana, Sr. DAG, Punjab. Mr. Tapan Masta, Amicus Curiae for the respondent. MANJARI NEHRU KAUL, J. The present appeal preferred by the State of Punjab is directed the judgment of acquittal dated 25.09.2004 passed by the lea Additional Sessions Judge-cum-Special Judge, Amritsar under Sections 15/18/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station , whereby the accused-respondent i.e. Avtar Singh framed against him. As per the case of the prosecution, on 08.03.1998, Inspector Swaran Singh (PW4), while on patrol duty along with other police allegedly received secret information that Singh was residing in a Dera of Baba Marhana and was cultivating poppy plants, preparing opium therefrom, consuming the same, and further indulging in its sale. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH D-148-DBA-2005 Date of decision: August 19, 2025 ...Appellant ...Respondent HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL HON’BLE MR. JUSTICE H.S. GREWAL Mr. Amit Rana, Sr. DAG, Punjab. Amicus Curiae present appeal preferred by the State of Punjab is directed .09.2004 passed by the learned Special Judge, Amritsar in case FIR No.42 Narcotic Drugs and Psychotropic , registered at Police Station Bhikhiwind, District pondent i.e. Avtar Singh was acquitted of As per the case of the prosecution, on 08.03.1998, Inspector ), while on patrol duty along with other police officials, secret information that the respondent-accused Avtar Baba Marhana and was cultivating poppy plants, preparing opium therefrom, consuming the same, and further ...Appellant ...Respondent present appeal preferred by the State of Punjab is directed rned 42 Narcotic Drugs and Psychotropic , District acquitted of As per the case of the prosecution, on 08.03.1998, Inspector officials, vtar Baba Marhana and was cultivating poppy plants, preparing opium therefrom, consuming the same, and further Jaspreet Kaur 2025.08.20 10:39 I attest to the accuracy and integrity of this document Chandigarh CRA-D-148- 3. Taran, who was requested to simultaneously sent to the poli the basis of which FIR (Ex. 4. ‘T’ point of village Sugga, where Shamsher Singh thereafter, Dr. Naresh Kuma Dera where the accused was found standing amidst a poppy crop. He was apprehended on the spot. 5. standing crops. Two independent witnesses namely Bac Gurnam Singh were also joined at the spot. At the instance of Dr. Naresh Kumar, ASP, Tarn Taran, the poppy crop spread over one kanal of land was harvested. From the harvested crop, two samples of 5 kgs each were separated, packed, and seal Inspector Swaran Singh (‘ remaining crop, weighing about 3 quintals and 35 kgs, was packed into 13 bags and similarly sealed. The sealed parcels Singh, and four sample parcels were later sent to the laboratory for analysis. Upon completion of investigation, challan was presented, and the ac was charged under Sections guilty and claimed trial. -DBA-2005 The information was conveyed to Dr. Naresh Kumar, ASP, Tarn Taran, who was requested to reach the spot, and simultaneously sent to the police station through Constable the basis of which FIR (Ex.PC/1) was lodged. Inspector Swaran Singh (PW4) along with his p ’ point of village Sugga, where Shamsher Singh thereafter, Dr. Naresh Kumar also arrived. The police party proceeded to the Dera where the accused was found standing amidst a poppy crop. He was apprehended on the spot. A photographer was called, who took photographs of the standing crops. Two independent witnesses namely Bac Gurnam Singh were also joined at the spot. At the instance of Dr. Naresh Kumar, ASP, Tarn Taran, the poppy crop spread over one kanal of land was harvested. From the harvested crop, two samples of 5 kgs each were separated, packed, and sealed with the seals of Dr. Naresh Kumar (‘ Inspector Swaran Singh (‘SS’) and SI Shamsher Singh (‘ remaining crop, weighing about 3 quintals and 35 kgs, was packed into 13 bags and similarly sealed. The sealed parcels Singh, and four sample parcels were later sent to the laboratory for analysis. Upon completion of investigation, challan was presented, and the ac was charged under Sections 15/18/61/85 of the NDPS Act. guilty and claimed trial. -2- The information was conveyed to Dr. Naresh Kumar, ASP, Tarn reach the spot, and ruqa (Ex.PC) was e station through Constable Warian Singh, on ) was lodged. ) along with his party reached the ’ point of village Sugga, where Shamsher Singh (PW5) joined them. Soon The police party proceeded to the Dera where the accused was found standing amidst a poppy crop. He was A photographer was called, who took photographs of the standing crops. Two independent witnesses namely Bachitar Singh and Gurnam Singh were also joined at the spot. At the instance of Dr. Naresh Kumar, ASP, Tarn Taran, the poppy crop spread over one kanal of land was harvested. From the harvested crop, two samples of 5 kgs each were ed with the seals of Dr. Naresh Kumar (‘NK’), ’) and SI Shamsher Singh (‘SS’). The remaining crop, weighing about 3 quintals and 35 kgs, was packed into 13 bags and similarly sealed. The sealed parcels were entrusted to SI Bachitar Singh, and four sample parcels were later sent to the laboratory for analysis. Upon completion of investigation, challan was presented, and the accused of the NDPS Act. He pleaded not The information was conveyed to Dr. Naresh Kumar, ASP, Tarn was , on arty reached the joined them. Soon The police party proceeded to the Dera where the accused was found standing amidst a poppy crop. He was A photographer was called, who took photographs of the hitar Singh and Gurnam Singh were also joined at the spot. At the instance of Dr. Naresh Kumar, ASP, Tarn Taran, the poppy crop spread over one kanal of land was harvested. From the harvested crop, two samples of 5 kgs each were ’), . The remaining crop, weighing about 3 quintals and 35 kgs, was packed into 13 ar Singh, and four sample parcels were later sent to the laboratory for analysis. cused He pleaded not Jaspreet Kaur 2025.08.20 10:39 I attest to the accuracy and integrity of this document Chandigarh CRA-D-148- 6. documentary evidence. In his statement under Sectio accused denied all allegations, pleaded false implication, and did not lead any evidence in defence. 7. 25.09.2004 acquitted the accused on the following    -DBA-2005 The prosecution examined 5 witnesses besides tendering documentary evidence. In his statement under Sectio accused denied all allegations, pleaded false implication, and did not lead any evidence in defence. The learned Special Judge, Amritsar vide judgment dated 25.09.2004 acquitted the accused on the following Independent witnesses Bachitar Singh though joined at the time of recovery, were not examined. More significantly, Dr. Naresh Kumar, ASP, Tarn Taran, in whose presence the crop was allegedly harvested not examined. The prosecution failed to establish custody. There was variance between affidavits of official witnesses and their oral testimony regarding the number of samples drawn, deposited, and sent for analysis. The report of the Chemical categorically opined that the sample did not contain any poppy heads and ruled out the possibility of the same even after examining the remaining portion of the sample. -3- The prosecution examined 5 witnesses besides tendering documentary evidence. In his statement under Section 313 Cr.P.C., the accused denied all allegations, pleaded false implication, and did not lead Judge, Amritsar vide judgment dated 25.09.2004 acquitted the accused on the following broad grounds:- nt witnesses Bachitar Singh and Gurnam Singh, though joined at the time of recovery, were not examined. More significantly, Dr. Naresh Kumar, ASP, Tarn Taran, in whose allegedly harvested and sealed, was also failed to establish a consistent chain of custody. There was variance between affidavits of official witnesses and their oral testimony regarding the number of deposited, and sent for analysis. The report of the Chemical Examiner was negative. It categorically opined that the sample did not contain any poppy heads and ruled out the possibility of the same even after examining the remaining portion of the sample. The prosecution examined 5 witnesses besides tendering n 313 Cr.P.C., the accused denied all allegations, pleaded false implication, and did not lead Judge, Amritsar vide judgment dated , though joined at the time of recovery, were not examined. More significantly, Dr. Naresh Kumar, ASP, Tarn Taran, in whose and sealed, was also a consistent chain of custody. There was variance between affidavits of official witnesses and their oral testimony regarding the number of Examiner was negative. It categorically opined that the sample did not contain any poppy heads and ruled out the possibility of the same even after Jaspreet Kaur 2025.08.20 10:39 I attest to the accuracy and integrity of this document Chandigarh CRA-D-148- 8. prosecution failed to establish guilt of respondent reasonable doubt and accordingly SUBMISSIONS ON BEHALF OF THE APPELLANT 9. erred in acquitting the accused on technical    -DBA-2005 On these considerations, the learned trial Court held that the prosecution failed to establish guilt of respondent reasonable doubt and accordingly acquitted him. SUBMISSIONS ON BEHALF OF THE APPELLANT Learned State counsel contended that the learned trial Court erred in acquitting the accused on technical grounds. It was urged that: The non-examination of Dr. Naresh Kumar, ASP, was not f to the prosecution, and there is no mandate of law that a Gazetted Officer associated with recovery must invariably be examined. The testimony of Inspector Swaran Singh SI Sharmsher Singh (PW5), both recovery witnesses, was sufficient to prove recovery. Both these witnesses were official functionaries who had no motive to falsely implicate the accused. Their evidence was cogent and reliable, and in the absence of any suggestion of enmity, it could not be discarded. The alleged discrepancy regarding one or two samples being sent to the Chemical Examiner Since the Chemical Examiner reported that the sample seal tallied with the specimen seal, the chain of custody remained intact. -4- On these considerations, the learned trial Court held that the prosecution failed to establish guilt of respondent-accused beyond acquitted him. SUBMISSIONS ON BEHALF OF THE APPELLANT-STATE: Learned State counsel contended that the learned trial Court grounds. It was urged that: examination of Dr. Naresh Kumar, ASP, was not fatal to the prosecution, and there is no mandate of law that a Gazetted Officer associated with recovery must invariably be examined. The testimony of Inspector Swaran Singh (PW4) and , both recovery witnesses, was Both these witnesses were official functionaries who had no motive to falsely implicate the accused. Their evidence was cogent and reliable, and in the absence of any suggestion of enmity, it could not be discarded. arding one or two samples being sent to the Chemical Examiner was, at best, a clerical error. Since the Chemical Examiner reported that the sample seal tallied with the specimen seal, the chain of custody remained On these considerations, the learned trial Court held that the accused beyond Learned State counsel contended that the learned trial Court atal to the prosecution, and there is no mandate of law that a Gazetted Officer associated with recovery must invariably be and , both recovery witnesses, was Both these witnesses were official functionaries who had no motive to falsely implicate the accused. Their evidence was cogent and reliable, and in the absence of any suggestion of arding one or two samples being was, at best, a clerical error. Since the Chemical Examiner reported that the sample seal tallied with the specimen seal, the chain of custody remained Jaspreet Kaur 2025.08.20 10:39 I attest to the accuracy and integrity of this document Chandigarh CRA-D-148-  10. committed a grave error in discarding the prosecution evidence on conjectures and surmises, thereby resulti prayed that the impugned judgment be set aside and the respondent be convicted and sentences in accordance with law. 11. impugned judgment. It was co and does not call for interference in view of the following:   -DBA-2005 The prosecution also examined an independent photographer, who had no ill-will against the accused, and who produced photographs of the standing crops along with negatives in Court. His testimony remained unshaken. On these premises, it was urged that the learned trial Court had committed a grave error in discarding the prosecution evidence on conjectures and surmises, thereby resulting in miscarriage of justice. prayed that the impugned judgment be set aside and the respondent be convicted and sentences in accordance with law. Per contra, learned counsel for the respondent supported the impugned judgment. It was contended that the acquittal was well does not call for interference in view of the following: Firstly, the failure of the prosecution to examine witnesses Bachitar Singh and Gurnam Singh, who were admittedly present at the time of alleged recovery, casts serious doubt on the fairness of the investigation. No plausible explanation was offered for withholding their testimony. Secondly and more importantly, Dr whose presence the entire process of harvesting, weighing, sealing and preparing of samples was carried out, was not examined. He was the most material witness, examination fatally undermines the case of the prosecution. -5- The prosecution also examined an independent photographer, will against the accused, and who produced standing crops along with negatives in His testimony remained unshaken. On these premises, it was urged that the learned trial Court had committed a grave error in discarding the prosecution evidence on ng in miscarriage of justice. It was prayed that the impugned judgment be set aside and the respondent-accused be convicted and sentences in accordance with law. , learned counsel for the respondent supported the ntended that the acquittal was well-reasoned does not call for interference in view of the following:- e of the prosecution to examine independent Bachitar Singh and Gurnam Singh, who were admittedly present at the time of alleged recovery, casts serious doubt on the fairness of the investigation. No plausible explanation was offered for withholding their testimony. Secondly and more importantly, Dr. Naresh Kumar, ASP, in whose presence the entire process of harvesting, weighing, sealing and preparing of samples was carried out, was not He was the most material witness, and his non- undermines the case of the prosecution. The prosecution also examined an independent photographer, will against the accused, and who produced standing crops along with negatives in On these premises, it was urged that the learned trial Court had committed a grave error in discarding the prosecution evidence on It was accused , learned counsel for the respondent supported the reasoned independent Bachitar Singh and Gurnam Singh, who were admittedly present at the time of alleged recovery, casts serious doubt on the fairness of the investigation. No plausible . Naresh Kumar, ASP, in whose presence the entire process of harvesting, weighing, sealing and preparing of samples was carried out, was not - Jaspreet Kaur 2025.08.20 10:39 I attest to the accuracy and integrity of this document Chandigarh CRA-D-148-   12. fully justified and the appeal deserved to be dismi 13. evidence on record. 14. the NDPS Act, where the punishments are stringent and the statute imposes strict procedural safe -DBA-2005 Thirdly, there was a glaring contradiction in the prosecution evidence regarding the handling of samples. W of Head Constable Anokh Singh samples of 5 kgs each were deposited in the sent to the Chemical Examiner, the affidavit of Constable Hazara Singh (PW1) and the report of itself stated that only one sample was deposited. inconsistency, as per the learned counsel, struck a the link evidence. Lastly, the report of the Chemical Examiner categorical negative finding, opining that the sample containe no poppy heads. Once the scientific evidence rules out the presence of the contraband, the entire prosecution collapsed. It was, therefore, submitted that acquittal of the respondent was fully justified and the appeal deserved to be dismi We have heard learned counsel for the parties and perused the evidence on record. At the outset, it must be observed that in the NDPS Act, where the punishments are stringent and the statute imposes strict procedural safeguards, the Courts are required to adopt a scrupulous -6- there was a glaring contradiction in the prosecution evidence regarding the handling of samples. While the affidavit of Head Constable Anokh Singh (PW2) recorded that two samples of 5 kgs each were deposited in the malkhana and later sent to the Chemical Examiner, the affidavit of Constable and the report of the Chemical Examiner itself stated that only one sample was deposited. Such inconsistency, as per the learned counsel, struck at the root of Lastly, the report of the Chemical Examiner returned a categorical negative finding, opining that the sample contained no poppy heads. Once the scientific evidence rules out the presence of the contraband, the entire prosecution case stood It was, therefore, submitted that acquittal of the respondent was fully justified and the appeal deserved to be dismissed. We have heard learned counsel for the parties and perused the At the outset, it must be observed that in a prosecution under the NDPS Act, where the punishments are stringent and the statute imposes guards, the Courts are required to adopt a scrupulous there was a glaring contradiction in the prosecution hile the affidavit recorded that two and later sent to the Chemical Examiner, the affidavit of Constable Chemical Examiner Such t the root of returned a d no poppy heads. Once the scientific evidence rules out the case stood It was, therefore, submitted that acquittal of the respondent was We have heard learned counsel for the parties and perused the prosecution under the NDPS Act, where the punishments are stringent and the statute imposes Jaspreet Kaur 2025.08.20 10:39 I attest to the accuracy and integrity of this document Chandigarh CRA-D-148- approach in examining assessing the evidence. 15. (I) Non namely Bachitar Singh and Gurnam Singh Their absence was never explained. Even if the prosecution apprehended that they might turn hostile, they were required to be brought into th witness box and confronted in cross Kumar, ASP, who played a central role in supervising the recovery and sealing process, was withheld from the witness box. His non creates a serious dent in the case of the prosecution. (II) Missing Link in Custody of Sam Singh (PW2) malkhana and later handed over to Constable Hazara Singh taken to the Chemical Examiner. However, Constab in his affidavit (Ex.PA) stated that he deposited only one sample in the office of the Chemical Examiner. also records the receipt of only one sample. clerical. It undermines the integrity of the chain of reasonable possibility of tampering. -DBA-2005 approach in examining compliance with mandatory assessing the evidence. In the present case, the following infirmities are glaring: Non-examination of Material Witnesses Although the prosecution associated two independent witnesses namely Bachitar Singh and Gurnam Singh, neither was examined at trial. Their absence was never explained. Even if the prosecution apprehended that they might turn hostile, they were required to be brought into th witness box and confronted in cross-examination. Kumar, ASP, who played a central role in supervising the recovery and sealing process, was withheld from the witness box. His non creates a serious dent in the case of the prosecution. Missing Link in Custody of Sam According to the affidavit (Ex.PB) of Head Constable Anokh (PW2), two sample parcels of 5 kgs and later handed over to Constable Hazara Singh taken to the Chemical Examiner. However, Constab in his affidavit (Ex.PA) stated that he deposited only one sample in the office of the Chemical Examiner. The report of the Chemical Examiner (Ex.PH) also records the receipt of only one sample. It undermines the integrity of the chain of reasonable possibility of tampering. -7- compliance with mandatory requirements and in In the present case, the following infirmities are glaring:- Material Witnesses: associated two independent witnesses , neither was examined at trial. Their absence was never explained. Even if the prosecution apprehended that they might turn hostile, they were required to be brought into the examination. Similarly Dr. Naresh Kumar, ASP, who played a central role in supervising the recovery and sealing process, was withheld from the witness box. His non-examination creates a serious dent in the case of the prosecution. Missing Link in Custody of Samples: According to the affidavit (Ex.PB) of Head Constable Anokh , two sample parcels of 5 kgs each were deposited in the and later handed over to Constable Hazara Singh (PW1) for being taken to the Chemical Examiner. However, Constable Hazara Singh (PW1) in his affidavit (Ex.PA) stated that he deposited only one sample in the office The report of the Chemical Examiner (Ex.PH) also records the receipt of only one sample. This variance is material, not It undermines the integrity of the chain of custody and creates a requirements and in associated two independent witnesses , neither was examined at trial. Their absence was never explained. Even if the prosecution apprehended e Similarly Dr. Naresh Kumar, ASP, who played a central role in supervising the recovery and examination According to the affidavit (Ex.PB) of Head Constable Anokh each were deposited in the for being (PW1) in his affidavit (Ex.PA) stated that he deposited only one sample in the office The report of the Chemical Examiner (Ex.PH) This variance is material, not custody and creates a Jaspreet Kaur 2025.08.20 10:39 I attest to the accuracy and integrity of this document Chandigarh CRA-D-148- (III) Negative Chemical Report categorically found that the sample contained no poppy heads. Even upon further analysis, the result remained negative. Once the scientific evidence fails to establis prosecution case crumbles. 16. concluded that the prosecution failed to prove its case beyond reasonable doubt. The acquittal was not deficiencies in evidence. 17. reasoned, based on fair appreciation of the evidence, and suffers from no perversity warranting interference in appeal. 18. stands dismissed. August 19, 2025 Jaspreet Kaur -DBA-2005 Negative Chemical Report: Most crucially, the Chemical Examiner’s report (Ex.PH) categorically found that the sample contained no poppy heads. Even upon further analysis, the result remained negative. Once the scientific evidence fails to establish the contraband nature of the samples, the foundation of the prosecution case crumbles. In light of these factors, the learned trial Court rightly concluded that the prosecution failed to prove its case beyond reasonable doubt. The acquittal was not based on technicalities, but on substantive deficiencies in evidence. The impugned judgment of acquittal is, therefore, well reasoned, based on fair appreciation of the evidence, and suffers from no perversity warranting interference in appeal. Accordingly, the instant appeal dismissed. August 19, 2025 Whether speaking/reasoned Whether reportable -8- Most crucially, the Chemical Examiner’s report (Ex.PH) categorically found that the sample contained no poppy heads. Even upon further analysis, the result remained negative. Once the scientific evidence h the contraband nature of the samples, the foundation of the In light of these factors, the learned trial Court rightly concluded that the prosecution failed to prove its case beyond reasonable based on technicalities, but on substantive The impugned judgment of acquittal is, therefore, well- reasoned, based on fair appreciation of the evidence, and suffers from no , the instant appeal filed by the State of Punjab (MANJARI NEHRU KAUL) JUDGE (H.S. GREWAL) JUDGE : Yes/No : Yes/No Most crucially, the Chemical Examiner’s report (Ex.PH) categorically found that the sample contained no poppy heads. Even upon further analysis, the result remained negative. Once the scientific evidence h the contraband nature of the samples, the foundation of the In light of these factors, the learned trial Court rightly concluded that the prosecution failed to prove its case beyond reasonable based on technicalities, but on substantive - reasoned, based on fair appreciation of the evidence, and suffers from no by the State of Punjab Jaspreet Kaur 2025.08.20 10:39 I attest to the accuracy and integrity of this document Chandigarh