IMPORTANT POINTS
Section 55 of the NDPS Act is directory.
Section 50 will not apply in absence of personal search.

Judgment :

Dr. Arijit Pasayat, J.

Challenge in this appeal is to the judgment of a Division bench of Punjab and Haryana High Court directing acquittal of the respondent who was convicted by learned Special Judge Sh. Inderjit Kaushik, Patiala, for offence punishable under Sec.15 of the Narcotic Drugs and Psychotic Substances Act, 1985 (in short `NDPS Act). Allegation against the accused was that he was found to be in possession of poppy husk weighing a large quantity in seven bags.

The prosecution version in a nut shell is as follows:

On February 20, 1999 Sub-Inspector Ajmer Singh (PW.5), along with other police officials, was on patrol duty in police vehicle PB-11A-7849 driven by Sarmukh Singh. The patrol party was present at the bridge on a drain about 20- kms. South of Police Station, Sadar, Patiala. At 7 a.m. secret information was received by Sub-Inspector Ajmer Singh that Leela and his co-accused Pritam Singh @ Billu (proclaimed offender) were habitually selling poppy husk and in case a raid was conducted they could both the apprehended red handed from near the bridge over the drain in Bhanri.

The Investigator proceeded to the spot and also informed D.S.P. Kulshinder Singh (PW.1) on the wireless. When the police officials reached the bridge on the drain, they saw two persons sitting on bags, who on seeing them tried to run away. The police officials stopped their vehicle, got down and over-powered Leela as well as Pritam Singh @ Billu. At that time Joga Singh had also reached at the spot. The Investigator told the accused that he wished to search the bags and that search could be conducted in the presence of a Gazetted Officer or a Magistrate. The accused opted for search before a Gazetted Officer. The Investigator recorded their consent statements and the accused put their signatures on the statements. In the meanwhile, D.S.P. Kulshinder Singh (PW.1) also reached the spot in a police Gypsy. In the presence of the witnesses and the D.S.P., the Investigator checked the seven bags which were lying on the ground and from each bag poppy husk was recovered. The bags were numbered 1 to 7. Two samples of 250 grams each of the contraband article were taken out from the bags and put in separate parcels. The remaining poppy husk was weighed and each was found to have contained 34.5 kgs. of poppy husk. Fourteen sample parcels and the seven bags of poppy husk were sealed. The seal after use was handed over to Assistant Sub-Inspector Mohinder Singh (PW.4). Since Leela and Pritam Singh @ Billu had committed an offence punishable under Section 15 of the NDPS Act report was sent to Police Station, Sadar, Patiala at 9.30 a.m. and on its basis formal F.I.R. was registered at the Police Station at 10.40 a.m. on February 20, 1999. Report of the case was received by Additional Chief Judicial Magistrate at 5.35 p.m. on the same day. In the meanwhile, the Investigator arrested the accused and took into possession the case property. On the personal search of the accused some cash was recovered, Rs.65/-from Leela and Rs.95/- from Pritam Singh @ Billu. Cash was also taken into possession. The accused were informed of the grounds of their arrest vide memo signed by Assistant Sub-Inspector Mohinder Singh (PW.4) and Joga Singh. Site plan of the place of the occurrence was prepared.

On return to the police station, case property and the accused were produced before S.H.O. Gurchain Singh (PW.6) who verified the facts and directed the Investigator to deposit the case property with the M.H.C. On the following day the accused as well as the case property were produced before the Area Magistrate. The sample of the recovered contraband was examined by the Chemical Examiner who reported that the sample was of poppy husk. After completion of the investigation the accused were sent up for trial. At some stage Pritam Singh was released on bail and he jumped bail. The record is unclear regarding the date of his release and the order on the basis of which he was r