Strict compliance with the NDPS Act's mandatory provisions is necessary, and failure to produce crucial evidence and comply with these provisions renders the conviction unsustainable.

JUDGMENT

1. These appeals arise out of the judgment and order dtd. 29/6/2022 passed by the learned Special Judge (NDPS Act), Nagpur in N.D.P.S. Special Case No. 31/2015 and therefore, they are disposed of by this common judgment.

2. Criminal Appeal No. 443/2022 is filed by appellant - Akshay Lalitrao Dhabale (original accused no.2) and Criminal Appeal No. 572/2022 is filed by appellants Mithun Pralhad Chauhan (original accused No.1) and Shekhar Pratap Rathod (original accused No.3). The learned Special Judge, by the impugned judgment and order convicted the appellants for the offences punishable under Ss. 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the NDPS Act" for short). The appellants are sentenced to suffer rigorous imprisonment for three years and to pay fine of 25, 000/- each and in default of payment of fine to suffer simple imprisonment for six months each, for the offence punishable under Sec. 20 of the NDPS Act ; and rigorous imprisonment for three years and to pay fine of 25, 000/- each and in default of payment of fine to suffer simple imprisonment for six months each for the offence punishable under Sec. 29 of the NDPS Act.

3. The facts in brief are as follows : On 30/3/2015, API N. S. Rajkumar (PW6), attached to Local Crime Branch (Railway), Nagpur, received a secret information from his informer that one person wearing dark blue T-shirt and other two persons, were carrying and transporting 'ganja' at Nagpur railway station platform no.2. He made an entry of the said information in the Station Diary. PW6 immediately conveyed this information to his superior officer and sought permission of the superior officer for proceeding further. The superior officer i.e. Sub Divisional Police Officer (SDPO), Lohmarg, granted him permission to workout the information. Accordingly, he made necessary entry to that effect in the Station Diary. API Rajkumar (PW6), with the help of PC Viraj Mate secured presence of a Gazetted Officer by making written request. PW6 deputed PC Naresh to secure presence of panch witnesses. PW6 deputed PC Santosh Chawre to procure weights and measures. On arrival of the panchas, PW6 apprised them of the secret information.

4. API Rajkumar (PW6) by making entry in the Station Diary, along with the Naib Tahsildar, panch witnesses, one Gendlal Dwiwedi, who had brought the weights and measures, a photographer and other police officers left the police station for the purpose of raid. On reaching the spot i.e. railway platform no.2, as disclosed by the informer, they found one person wearing blue colour T-shirt accompanied with two more persons. They were carrying school bags. PW6 accosted them. On enquiry they stated their names. PW6 introduced himself and the members of the raiding party to the accused persons. He apprised them about the information received by him. He told them that in order to workout the information, he had to take their search. He apprised them of their right to be searched before the Gazetted Officer or the Magistrate. He introduced Naib Tahsildar (Gazetted Officer) to them and informed them that they can give their search in presence of Naib Tahsildar (Gazetted Officer) or they have a right to take their search before another Gazetted Officer. The accused expressed their willingness to give their search before the Naib Tahsildar (Gazetted Officer). PW6 in that connection gave letters to them.

5. API Rajkumar (PW6) and his staff in presence of the panchas and the Gazetted Officer conducted search of the bags carried by the accused persons one by one. In the search of the bag carried by appellant Mithun (accused No.1), they found 'ganja' weighing 6 Kg 200 Grams. Out of it, PW6 drew two samples of 50 grams each in presence of the panchas. The samples were packed, sealed and labelled. In the search of the bag carried by appellant Akshay (accused No.2), 'ganja' weighing 3 Kgs 600 Grams was found. Two samples of 50 gram each were draw