Non-compliance with mandatory provisions of the N.D.P.S. Act, discrepancies in evidence, and non-examination of independent witnesses undermined the prosecution's case and led to the acquittal of the appellant.

JUDGMENT - S.G. MAHAJAN, J.:---Appellant No. 1 Gangaram Rama Gundkar and appellant No. 2 Sou. Laxmibai w/o Gangaram Gundkar, who were the accused No. 1 and 2 respectively in Special N.D.P.S. Case No. 22/1993, were convicted and sentenced by the learned Special Judge, Buldhana. Accused No. 1 Gangaram was convicted of the offence under section 20(b)(i) of N.D.P.S. Act and was sentenced to suffer R.I. for 4 years and to pay a fine of Rs. 2,000/- or in default to suffer R.I. for one year more. Accused No. 2 Smt. Laxmibai was convicted of the offence under section 29 of the N.D.P.S. Act and was sentenced to suffer S.I. for one year and to pay a fine of Rs. 500/- or in default to suffer S.I. for 3 months more. Both the accused preferred the instant appeal challenging the order of conviction and sentence passed against them as above. During the pendency of this appeal accused/appellant No. 1 Gangaram was reported to be dead. So the appeal against him stood abated and the order notifying the abatement was passed by this Court on 8-6-2001. Thus accused No. 1 Smt. Laxmibai is the only appellant in this criminal appeal.

2. The case of the prosecution as is revealed from the evidence is as below:

(A) On 11-10-1993 one Head Constable Sopan was Station Diary Incharge at Police Station Amdapur District Buldhana. On that date at 4 a.m. P.S.I. Kharode who was attached to Police Station Amdapur took over the charge of station diary. On taking over the charge he received an information that both the accused in this case were possessing Ganja in their house at Mangrul and they were going to proceed for its sale at the outstation. P.S.I. Kharode made an entry in that respect in the station diary and gave a wireless message to his superiors.

(B) P.S.I. Kharode then caused the panch witnesses to be called. Sk. Haidar and Bhaskar came to act as panchas. The entry in that respect was taken in the Station diary and P.S.I. Kharode, panchas and police staff proceeded to the spot. The raiding party reached Mangrul at 5.15 a.m. On reaching Mangrul, the vehicle was halted at Warkhed square. One Ramrao Ambhore and one Samadhan were called and the information was given to them. Then all of them went to the house of the accused. The door of the house was closed. P.S.I. Kharode gave a call. Accused Gangaram opened the door. He was apprised of the purpose of taking search. He was also asked whether he wanted to be searched in presence of a Gazetted Officer. He denied. The members of the raiding party gave their searches to the accused.

(C) P.S.I. Kharode and panchas entered the house. Accused Laxmibai was found present in the house. The house was searched. During the search one bundle of Sari containing Ganja was found in a steel cupboard. So also one small bundle of white cloth was found which was containing 13 packets of Ganja. The Ganja was mixed. P.C. Chandrabhan was asked to bring the weighing scale. Ramrao who accompanied the raid weighed the Ganja. The Ganja weighed 3 kg. 750 grams. The sample of 250 gm. was drawn. The same was kept in plastic bag and it was sealed. The remaining Ganja, papers, white cloth and sari were put in a polythene bag. The bag was sealed. A detailed panchanama was drawn. The above articles were seized vide separate seizure memo. Both the accused were then arrested.

(D) The accused along with property were brought to Police Station, Amdapur. P.S.I. Kharode lodged the complaint (F.I.R.). The crime was registered. P.S.I. Kharode also gave a wireless message to his superiors about the aforesaid raid. The seized article were handed over to Head Moharil in the Police Station. The sample was forwarded to Chemical Analyser, Nagpur for examination. The Chemical Analyser's report was received which shows that Ganja was detected in the sample. On completion of investigation, the accused stood charge-sheeted.

3. The charge of the offence under section 20(b)(i) of N.D.P.S. Act was framed against accused No. 1 Gangaram and that under section 29 r

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