CHANDER PARKASH @ CHANDER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this revision is for setting aside the order dated 26.11.2018, vide which the trial Court has framed charge against petitioner Chander Parkash @ Chander, under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').

(2.) Brief facts of the case are that the petitioner, along with one Jaswinder Singh @ Bhinder, was nominated as an accused in FIR No. 40 dated 03.06.2012, registered under Section 21 of the NDPS Act at Police Station Sadar Nabha, District Patiala.

(3.) During the course of investigation, the sample parcel, prepared by the Investigating Officer, was sent to Chemical Examiner, Kharar and on 18.07.2012, a report was sent by the Chemical Examiner, Kharar (Annexure P-2), in which the contents of the sample were found to be "Paracetamol". Thereafter, the prosecution moved an application (Annexure P-3) before the Special Judge to get the second sample analyzed from any other laboratory. As per application dated 11.01.2013 (Annexure P-3), it is stated that the Investigating Officer has prepared two samples of 10 grams each in separate parcels, which were sealed by the seal of Investigating Officer 'GS' and later on, it was verified by the SHO of the police station by putting his seal as 'PS'. It is further stated that on 06.04.2012, ASI Gurdarshan Singh took both the accused persons along with sample parcels from the Malkhana of the police station and produced them before the Illaqua Magistrate, who verified the same and on the direction, he deposited the sample parcels with Head Munshi of the Malkhana. Thereafter, on 05.06.2012, as per order of the Illaqua Magistrate, both the sample parcels and intoxicant powder 10/10 grams and residue parcels of intoxicant powder of 480/480 grams were deposited in the Judicial Malkhana attached to the Court of Chief Judicial Magistrate, Patiala. Thereafter, one of the sample parcels, on the same date, was sent through HC Jagdev Singh for depositing with the Chemical Examiner, Kharar. It is further stated in the application that in the disclosure of the accused, recorded on 03.06.2012 and 05.06.2012, it was stated that by mixing the powder of Parvon & Lemotil, intoxicant powder was converted into tablets by making small packets.