Strict compliance with the mandatory provisions of Section 42(1) and 42(2) of the NDPS Act is required, and the prosecution must establish the accused's conscious possession of the contraband.

JUDGMENT

K.R.Shriram, J. - This is an appeal impugning an order and judgment dated 3rd May 2006 passed by Learned Special Judge, Pune acquitting respondent (accused) of offence punishable under Section 20(b)(ii)(A) of the Narcotic Drugs And Psychotropic Substances Act, 1985 (NDPS Act).

2. The charged Section 20(b)(ii)(A) of NDPS Act read as under:-

"20. Punishment for contravention in relation to cannabis plant and cannabis - whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder:-

(a) .............

(b) produces, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses cannabis, shall be punishable -

(i) .............

(ii) Where such contravention relates to sub-clause (b), -

(A) and involves small quantity, with rigorous imprisonment for a term which may extend to (one year), or with fine which may extend to ten thousand rupees, or with both;

(B)............. (C)............."

Small quantity is defined under Section 2(xxiiia) and it reads as under:

"2(xxiiia) "small quantity" in relation to narcotic drugs and psychotropic substances, means any quantity lesser than the quantity specified by the Central Government by notification in the Official Gazette."

In official gazette, small quantity of Ganja means upto 1000 gms and commercial quantity is 20 KG.

3. It is prosecution's case that in the year 2002, complainant PSI Dogre was attached to Yerwada police station. On 20th April 2002, he and other police personnel left the police station in the morning hours with necessary stationery and articles meant for seizure of contraband articles-drugs and psychotropic substances. Complainant received a secret information at Gadi Tal Chowk, that accused was possessing contraband Ganja and she was dealing with the business in contraband at her house. Complainant received that information into writing at 9.15 a.m and prepared his first information addressed to PI of Yerwada police station. Carbon copy of that information was sent alongwith first information report through PHC Shirke to Yerwada police station. Complainant and other members of raiding party started proceeding towards the house of accused. Two persons namely; Sunita Sawant and Somnath Sable were called as panchas. Gist of that information was explained to them. They agreed to act as panchas. Meanwhile, PHC Shirke returned from Yerwada police station and handed over the first information report to complainant which was bearing the endorsement and signature of the Police Inspector authorizing the complainant to carry out the raid at the relevant spot. Complainant, members of raiding party and panchas reached the house of accused. Complainant called out accused. Accused responded and came out in front of her house. Complainant disclosed that information and explained the purpose of raid giving option to accused of her personal search in presence of some other gazetted officer or a Magistrate which she declined. Notice to that effect was given to accused and its copy was retained by complainant. The search of the house of accused was then effected in presence of panchas. Accused was present throughout. While effecting search in the bed on first floor, complainant found a bag kept in southern-west corner. It was opened in presence of panchas. Complainant found contraband Ganja therein. It was weighing 900 grams. Two samples weighing 50 grams each were taken out and they were separately packed and sealed. Remaining quantity of contraband was also packed separately. Those three articles were then seized under seizure panchnama in presence of panchas. Accused was asked to produced electricity bill and other documents showing title to that house and accordingly she produced current electricity bill and the house tax receipt. Accused was then taken to Yerwada police station alongwith muddemal. Complainant lodged his complaint upon which the offence came to be Meera Jadhav

4. During the