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3. In repudiation, the Prosecution strongly urged that, the presence of P.W.5 an independent witness at the time of search and seizure along with another witness and P.W.3, establishes recovery and seizure of the controlled substances. That, the allegation of non-compliance of Section 24(1) of the SADA, 2006, is an erroneous proposition as P.W.3 a Gazetted Officer and two other independent witnesses were present when search and seizure were carried out. That, 6 files of "Spasmo- Proxyvon plus" capsules containing 144 capsules, 17 loose "Spasmo-Proxyvon" capsules and 22 loose tablets of "Nitrosun 10" were recovered from the pocket of the Appellant and seized as proved by the evidence of P.W.5 and the Investigating Officer (I.O.) P.W.6,. The samples of the seized substances which were chemically analysed by P.W.1 is proof of the fact that they contained controlled substances. No explanation was furnished by the Appellant for being in possession of such a large quantity of controlled substances neither did he put any facts to rebut the case of the Prosecution or state that the controlled substances were for his own consumption. The only inference therefore is that substances were meant for sale and hence, the impugned Jabber Bardewa vs. State of Sikkim Judgment and Order on Sentence of the Learned Trial Court warrants no interference.

6. The Appellant and his family, it was revealed during investigation, were residents of Singtam. The morning of the incident he had gone to Siliguri to purchase controlled substances worth Rs.1,500/- (Rupees one thousand and five hundred) only, for personal consumption and sale, which he concealed in his trouser pocket. On his return journey in the bus Jabber Bardewa vs. State of Sikkim the facts as cited in Exhibit 7 supra, the FIR transpired. Pursuant thereto the I.O. reached the spot and in the presence of P.W.3 and two independent witnesses recovered controlled substances comprising of M.O. II five strips of Nitrosun 10 tablets, M.O.III plastic packet containing eight blue "Spasmo- Proxyvon plus" capsules, M.O.III„A‟ six files of "Spasmo- Proxyvon" capsules, M.O.IV loose "Spasmo-Proxyvon" capsules, M.O.V Nitrosun 10 tablets in strips, from the possession of the Appellant. These were sealed and later forwarded to RFSL, Ranipool for chemical analysis. Thereafter, Charge-Sheet came to be filed against the Appellant under the above provisions of law.