The judgment emphasizes the importance of substantial compliance with legal provisions and the reliability of the prosecution's evidence in establishing the offense.

The Appellant - original Accused (hereafter referred as "Accused") has been convicted under section 15 of the The Narcotic Drugs And Psychotropic Substances Act, 1985 ("Act" in brief) and has been sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rupees One Lakh; in default of fine to suffer further rigorous imprisonment for two years, by Additional Sessions Judge, Nanded in Special N.D.P.S. Case No. 9 of 2010. Being aggrieved, present Appeal has been filed.

2. The case in brief, is as follows : (A). On 2nd November 2010 at Nanded complainant A.P.I. Manik Bendre (PW-1) with Dy.S.P. Laxmikant Patil, P.I. Keshav Patond (PW-6), P.S.I. Padvi, Police Head Constable Ghuge, Police Constable Bhange and other staff members were patrolling in two Police vehicles. They had gone near Sachkhand Gurudwara as there was a programme of "Halla Bol" and procession of Nagar Kirtan going to be held. They went petrolling. From Sachkhand Gurudwara they were proceeding towards Langar Saheb Nagina Ghat to see the arrangements of programme there. The time was of about 21.10 hours. They noticed white coloured Tata Sumo vehicle bearing No. MH-15-K-6413 proceeding in front in high speed. As such the vehicle was stopped. It came to halt near Police outpost of Dena Bank, on the road. When the Police were proceeding towards said Tata Sumo, the driver had got down and was about to flee due to which Police officials caught him and brought him near the vehicle. Dy.S.P. Patil and P.I. Patond inquired the name and address from the said person but he was avoiding. On further questioning he gave his name as Angrezsing s/o Kashmirsing Randhava (i.e. - present Accused) from Bhandup Mumbai. When inquired further, as to where he was going and what was in the vehicle, he gave unsatisfactory answers. When the Police party was near the vehicle, there was sharp smell and from the talks of the said person (i.e. Accused) and his activities, Police suspected that there was something suspicious in the vehicle and the Accused was hiding something. On suspicion when the back door of the Sumo was opened, it was noticed that in a white sack narcotic yellowish Poppy Straw powder was there. On seeing this, Dy.S.P. Patil and P.I. Patond informed Additional Superintendent of Police Shri Umap on phone for permission for taking further proceedings and received the permission. P.I. Patond (PW-6) at 21.20 hours phone called Vazirabad Police Station and giving information called for Police Head Constable Deepaji Mulgir (PW-2) along with articles as would be required for seizure Panchnama. Similarly A.S.I. Dayanand Jadhav (PW-5) was asked to bring two Panchas and Police Constable Bhange was directed to bring a person having a weighing scale. Police Head Constable Mulgir reached the spot along with articles for sealing and Police Constable Bhange brought one Kanhayasingh Hanumansing Hajari (PW-7) and A.S.I. Jadhav brought Panch Shamshoddin Kazi (PW-3) and one Mohammed Shafi. It was 21.45 hours by this time. Kanhayasing and the two Panchas were introduced to the Accused by Dy.S.P. Patil and P.I. Patond, and informed that the vehicle is to be searched. PW-7 Kanhayasingh was informed that he has to weigh the articles. P.I. informed the Accused at this time, his own name and post and that he is Gazetted Officer and also informed him that in presence of two Panchas vehicle will be searched and to say if he had any objection or if he desires, the vehicle can be searched in presence of some other Gazetted Officer or Magistrate. Notice as per section 50 (1) of the Act was given to the Accused in writing. The Accused endorsed on the notice that this was not necessary and consented to the search of the vehicle. Thereafter, in presence of Panchas, the vehicle was searched and in the back side of the vehicle, there was one white sack and below two seats in compartment Poppy Straw Powder was found. In the white nylon sack 22 Kg. faint yellowish Poppy Straw Powder was t