V. Jagannathan, J.— "In every case the end result is important, but the means to achieve it must remain above board" observed the Supreme Court in State of Punjab Vs. Baldev Singh, AIR 1999 SC 2378 when the public interest to protect the society from the adverse effects of drugs abuse, is pitted against the procedural safeguards in ensuring fair trial to the accused and to protect his valuable human rights, what should be the approach of the courts. NDPS Act being a penal statute and the offence under it being a grave one attracting severe punishment, whether it is incumbent, on the part of the prosecuting agency to strictly follow the procedures provided under Sections 41, 42, 52 to 55 and 57 of the N.D.P.S. Act and whether the absence of any finding with regard to the percentage of heroin drug in the samples sent for examination, will be an irrelevant factor, are the important questions among others that call for answer in these appeals.

2. Criminal Appeal No. 2236/06 is filed by the A-1 and A-3 and they call in question their conviction for the offence punishable under Section 8(c) punishable under Sections 21 and 29 of the NDPS Act and consequent sentence of 10 years R.I