P&H HC Upholds 10-Year NDPS Sentence For Liberian Man After 400g Heroin Was Found In His Trouser Pocket

On 31.03.2019, police apprehended the appellant in Khanna and recovered 400 grams of heroin from a polythene bag in his trouser pocket after a search conducted in the presence of a DSP.

The trial court convicted him under Section 21 of the NDPS Act and sentenced him to ten years’ rigorous imprisonment and a fine of ₹1,00,000, with two years’ rigorous imprisonment in default of payment.

In appeal, he challenged, among other matters, the investigating officers’ competence, the language of certain documents, delay in sending the sample to the laboratory, and the absence of an independent witness.

The conviction was under Section 21 of the NDPS Act.

The Court applied the principles that partial investigation by another officer does not, by itself, vitiate a trial absent demonstrated prejudice; that delay in receipt of a chemical examiner’s report is not fatal without evidence of tampering; and that non-joining of an independent witness does not, by itself, require rejection of police testimony, as official witnesses are not presumed untruthful.

The Court found that the apprehension and recovery were primarily effected by ASI Kimti Lal, with the search conducted in the presence of DSP Deepak Rai; the appellant showed no prejudice arising from the later investigative steps taken by SI Jaswinder Singh.

The non-consent and consent memos were in English and bore the appellant’s signatures, so the fact that other documents were in Punjabi did not undermine the prosecution.

The Court also found no evidence of sample tampering and no basis to disbelieve the police witnesses merely because no independent witness joined the proceedings.

Pending applications, if any, were also disposed of.