The prosecution must provide sufficient evidence, including compliance with statutory provisions, to establish guilt under the NDPS Act; failure results in acquittal.

JUDGMENT :

G.BASAVARAJA, J.

The appellant has preferred this appeal against the judgment of acquittal passed by the XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS), Bangalore CCH-33 in Spl.C.C.No.68/2006 dated 22.02.2010. The Complainant Intelligence Officer NCB, Chennai has submitted the charge sheet against accused Nos.1 to 4 and absconding accused No.5 for the Commission of Offence under Section 8 (c) r/w Sections 21 , 25, 28 and 29 under Section 21C of the Narcotic Drugs and Psychotropic Substances, Act, 1985 (for short, 'NDPS Act').

2. It is alleged by the prosecution that accused No.1 is the resident of Silegarh, Jalwar District, Rajasthan State. Accused No.2 is the resident of Manasa Village, Neemach District, Madhya Pradesh. Accused No.2 is just by the side of the place of accused No.1. Accused No.3, though originally is resident of Vijayawada, has shifted and is residing at Chennai at room No.36, Nateshan Street New No.18. Accused No.4-Gopal is from the place of accused No.2 and is absconding. Accused No.5-Sulthan Singh is from the place of accused No.1 and the house of accused No.5 is about the distance of 300-400 feet away from the house of accused No.1. Accused No.1 has studied upto 8^th Standard and for the last 4 years he has learnt to make heroin. The heroin was prepared by accused No.1 along with his friends and neighbours Shankarlal Paridar, Gab Singh, Balu and Anil Jain. Accused No.1 and his companions had earlier prepared 20 kgs of heroin and sold it for Rs.1,50,000/- to Rs.2,00,000/- per kg and distributed among themselves.

3. Accused No.1 has also known the absconding accused No.5 for the past 7 years, and accused No.5 knows how to prepare heroin. Accused Nos.1 and 5 both are running shop under the name of Paridar Borewell at Silegarh bus stand and distributed the business profits among themselves. Three months prior to the date of incident, accused No.5, stating that he would supply 6 kg of heroin to Sony, who is a Rajasthani, residing in Chennai, had taken Rs.6,00,000/- from him, but had not supplied the same to Sony.

4. It is alleged by the prosecution that respondent No.1 is the resident of Silegarh, Jalwar District, Rajasthan State, respondent No.2 is the resident of Manasa Village, Neemach District, Madhya Pradesh. The village of Respondent No.2 is just adjacent to the place of respondent No.1. Respondent No.3 originally he is the resident of Vijayawada and has shifted to Chennai. The Respondent No. 4 and Respondent No. 2 are from the same place, and Respondent No. 5, the absconding accused, is from the same place as that of Respondent No.1.

5. On 29-09-2005, at about 10:30 a.m., when the PW 1-Thirumalai Sridhar, Intelligence Officer, NCB, Chennai was in his Office, he received an information stating that the Respondent No.1 is indulging in narcotic drug trafficking between Madhya Pradesh and Tamil Nadu via Bangalore, and that he has arranged/procured 11kgs of heroin through Respondent No. 2, who owns a truck/lorry bearing registration No.MP 44/J 0341. They were delivering the same to a party in Bangalore, and they had planned to deliver the cargo today, i.e., on 29-09-2005 evening and thereafter to hand over the heroin to the Respondent No. 1, near Mahaveer Roadlines, Madanayakanahalli on Bangalore-Tumkur NH Road between 7- 30 p.m. and 8.30 p.m. The Respondent No. 1 had reached Bangalore and was staying in a hotel, he came to the said place and after receiving the heroin, he would deliver it to his contacts from Tamil Nadu for onward smuggling out to Sri Lanka.

6. PW 1 passed on this information to PW 5-the Superintendent who was on a tour and PW.5 has recorded this inf