IMPORTANT POINTS
If contraband is not recovered from the person, section 50 will have no application.
Section 57 not being mandatory in nature, a substantial compliance thereof is sufficient.
The recovery of the contraband from car by which accused were travelling establishes conscious possession of the contraband.

JUDGMENT

AMITAVA ROY, J.

(1) Heard Ms. Aparna Jha, learned counsel for the appellant and Mr. V. Madhukar, learned counsel for the respondent.

(2) The appellant, faced with concurrent determinations culminating in his conviction along with another, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “the Act”) is before this Court seeking redress. Whereas the Trial Court, upon the entering finding of guilt had sentenced the accused persons with rigorous imprisonment for 10 years and six months each and fine of Rs.1 lac each with default sentence of rigorous imprisonment for one year, the High Court in appeal has confirmed the verdict in toto by the decision impugned herein.

(3) The prosecution case unfolds with the interception of the appellant and the co-accused Ranjit Singh by the patrol party on 28.08.2007 while they were travelling in a car bearing registration No.MH-04BS-1651 at the check point at Khanauri Patran. One Baaj Singh, apart from the police party was then present. The appellant and his companion, on being interrogated, disclosed their names. Their car on search revealed six bags stuffed with Poppy Husk.

(4) The Investigation Officer, A.S.I. Satnam Singh introduced himself and apprised the appellant and the co-accused of their right to be searched in the presence of a Gazetted Officer or a Magistrate if they so desired but they declined and instead reposed confidence in him. After recording their consent in writing the car was searched in presence of the other members of the patrol party as well as Baaj Singh and in course thereof three bags each from the rear seat and the dicky, containing Poppy Husk were recovered. Samples were taken and sealed with specimen impression of the Investigating Officer. On weighment of the remaining Poppy Husk, the contraband weighed 34 kg. 800 gms in each bag minus the samples taken. Personal search of the appellant and the co-accused yielded currency of Rs.225/-and Rs.150/-respectively which were also seized. The information of the exercise was forwarded to the police station on which a formal FIR was lodged.

(5) The sealed samples as well as the contraband as a whole were deposited in the malkhana and were also produced before the concerned Magistrate on the next date along with the accused persons. The sample on chemical examination by the Forensic Science Laboratory disclosed the same to be of Poppy Husk. Eventually, on completion of the investigation challan was submitted and the appellant and the co-accused were made to face trial under Sections 15 and 25 of the Act, as they pleaded “not guilty”.

(6) In support of the charge, the prosecution examined PW-1/Constable Ravinder Singh, PW-2/S.I. Jaswinder Singh, PW-3/M.H.C. Shamsher Singh, PW-4/A.S.I. Satnam Singh, PW-5/H.C. Darbara Singh and PW-6 Parminderpal Singh, who had participated in the entire drill.

(7) All the incriminating circumstances were laid before the accused persons in course of their examination under Section 313 Cr.P.C. and they denied the correctness thereof and complained of false implication.

(8) The Trial Court on a consideration of the evidence on record and after analysing the rival contentions held the charge to be proved and convicted and sentenced both the accused persons as above. The appellant unsuccessfully challenged the conviction and sentence before the High Court.

(9) The learned counsel for the appellant has asserted that as the Investigating Agency had contravened the mandatory prescriptions of Sections 50 and 57 of the Act, the conviction recorded by the Courts below is patently illegal and non est in law. According to her, though allegedly Poppy Husk was recovered from the car in which the appellant and the co-accused were travelling at the relevant point of time, adherence to the mandate of Section 50 of the Act was indispensable. Similarly, as no report of the operation undertaken by the Investigating Agency involving the alleged seizure of the contraban