NDPS conviction upheld on credible official evidence despite procedural lapses; sentences directed to run concurrently.

Credible official witness testimony was treated as sufficient to sustain an NDPS conviction despite the absence of independent witnesses, non-joining of a Gazetted Officer, a two-day delay in sending the sample for chemical analysis, omission to prepare the CFSL form at the spot, and minor discrepancies about the weighing scale. The Court viewed these irregularities as non-fatal because they did not affect the core recovery or show sample tampering, so the conviction was affirmed. On sentencing, the Court exercised its power under criminal procedure law to direct that the sentences in the two NDPS cases run concurrently.

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Issues: (i) Whether the conviction under the Narcotic Drugs and Psychotropic Substances Act was vitiated by the absence of independent witnesses, non-association of a Gazetted Officer, delay in sending the sample for chemical analysis, absence of the CFSL form at the spot, and alleged discrepancies in the prosecution evidence; (ii) Whether the sentences in the two NDPS cases should run concurrently.

Issue (i): Whether the conviction under the Narcotic Drugs and Psychotropic Substances Act was vitiated by the absence of independent witnesses, non-association of a Gazetted Officer, delay in sending the sample for chemical analysis, absence of the CFSL form at the spot, and alleged discrepancies in the prosecution evidence.

Analysis: The evidence of official witnesses was found trustworthy. Non-joining of independent witnesses was treated as a matter of caution and not a rule of law, and the absence of a Gazetted Officer did not undermine the prosecution version. The delay of two days in sending the sample for analysis was held not fatal, and the omission to prepare the CFSL form at the spot was not regarded as a ground for acquittal. The discrepancy regarding the weighing scale was treated as a minor inconsistency attributable to lapse of memory after a substantial time gap and was held not to affect the core prosecution case. The Court also noted that there was nothing to show tampering with the sample.

Conclusion: The challenge to the conviction failed, and the conviction was affirmed.

Issue (ii): Whether the sentences in the two NDPS cases should run concurrently.

Analysis: The Court considered the request for concurrent running of sentences in the light of the fact that the appellant stood convicted in the present case as well as in another NDPS case. It invoked the power under Section 427 of the Code of Criminal Procedure and held that concurrent running of sentences was appropriate in the circumstances.

Conclusion: The sentences were ordered to run concurrently.

Final Conclusion: The appeal did not succeed on merits as to conviction, but the appellant obtained relief on the manner in which the sentences were to be served.

Ratio Decidendi: Conviction based on credible official witnesses is not vitiated merely because independent witnesses or a Gazetted Officer were not joined, and minor irregularities or discrepancies that do not affect the core recovery do not warrant acquittal; concurrent sentencing may be directed where legally permissible under the criminal procedure law.

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