2011 (1) TMI 1401 - HC - Customs

Summary

Issues Involved:
1. Conviction under Section 20 of the NDPS Act.
2. Alleged procedural lapses in handling and sending samples to CFSL.
3. Admissibility of CFSL report.
4. Compliance with mandatory provisions of the NDPS Act.
5. Mentioning of FIR number on documents before FIR registration.

Summary:

1. Conviction under Section 20 of the NDPS Act:
The Appellant was convicted u/s 20 of the NDPS Act and sentenced to 10 years of Rigorous Imprisonment and a fine of `1 lakh, with an additional two years imprisonment in default of payment.

2. Alleged procedural lapses in handling and sending samples to CFSL:
The defense argued that the prosecution failed to prove the link evidence, citing discrepancies in the dates and the handling of the FSL form. The court found that the form FSL was filled and deposited with the Moharar Malkhana on 2nd May 1999, and the samples were sent to CFSL Chandigarh with intact seals, thus proving the link evidence. The delay in sending the samples was not considered fatal as the seals were intact and matched the specimen seals.

3. Admissibility of CFSL report:
The court held that the CFSL report is per se admissible u/s 293 Cr.P.C. and does not require the expert's examination unless the court deems it necessary. The Appellant did not object to the CFSL report being exhibited during the trial, and thus, the objection cannot be raised in the appeal.

4. Compliance with mandatory provisions of the NDPS Act:
The court found that Sections 52, 55, and 57 of the NDPS Act were directory and not mandatory. The compliance with these sections was deemed sufficient based on the evidence presented. The court also held that Sections 42 and 50 of the Act were not applicable as this was a case of chance recovery.

5. Mentioning of FIR number on documents before FIR registration:
The court accepted the prosecution's explanation that the FIR number was added to the seizure memo after the FIR was registered for procedural convenience. This did not amount to tampering with the documents.

Conclusion:
The appeal was dismissed, and the conviction of the Appellant u/s 20 NDPS Act was upheld. The Appellant was ordered to be taken into custody to serve the remaining sentence.