Strict compliance with Section 50 of the N.D.P.S. Act is mandatory, and failure to comply can render the recovery suspect and vitiate the conviction.

JUDGMENT :

1. Vide judgment of conviction dated 31.05.2018 and order of sentence dated 05.06.2018 in connection with Katihar Rail P. S. Case No.08 of 2015, G. R. No.22 of 2015 passed by the Special Judge, Katihar, whereby and whereunder appellant Yogesh Kumar has been found guilty for an offence punishable under Section 20 of the N.D.P.S. Act and sentenced to undergo R.I. for six years, under Section 22 of the N.D.P.S. Act and sentenced to undergo R.I. for six years with a further direction to run the sentences concurrently. He has further been directed to pay fine appertaining to Rs.20,000/-and in default thereof, to undergo S.I. for six months, additionally. It has also been directed that the period of custody during course of trial would be subject to set off in accordance with Section 428 of the Cr.P.C.

2. Vijay Kumar Singh (PW-4), O/c of G.R.P. Katihar recorded his self-statement on 28.03.2015 at about 5.00 P.M. over Platform No.1 of Katihar Railway Junction disclosing therein that he has been informed by Incharge Police Inspector, R.P.F. Sri Indrasan Singh (PW-7) that he has been informed by R.P.F. Escort Party that the attendant of Coach No.A/2 of Dibrugarh-New Delhi Rajdhani Express (12423 Up) is carrying one bag in bedroll box wherein ganja is suspected. Immediately this information was conveyed to S. P. Railway, Katihar, who constituted a team under his leadership consisting that of S.I. Praveen Kumar, A.S.I. Krishna Kumar Singh, A.S.I. Dinesh Ram, Hawaldar Vijay Kumar Singh (II), DPC/507 Ajay Kumar, Constable/377 Kaushelendra Kumar. Furthermore, on account of absence of Dy. S.P., Police Inspector Rail, Katihar, the S.P. has instructed him to search and seizure including other ancillary activity connected therewith. In the background of aforesaid direction, he made Sanha Entry and then, reached at Platform No.1, expecting arrival of Rajdhani Express. After arrival of Rajdhani Express over Platform No.1, all of them gone to Coach No.A/2, located the attendant and inquired about his identity, who disclosed his name as Yogesh Kumar, aged about 19 years, son of Ramesh Chandra of village-Nai Ki Sarai, P.S. Khandauli, District-Agra (U.P.). Seeing the police, so many persons assembled there and in whose presence, it was disclosed that they have got confidential information with regard to presence of Ganja in the bag of coach attendant. The Coach Attendant was informed regarding his option, whether he intends to be searched in presence of Magistrate or Gazetted Officer, whereupon Yogesh Kumar confessed that he is carrying Ganja in the bag and so, he is ready to be searched by the police officials. Then thereafter, Yogesh Kumar was taken out from the train along with bag and in presence of two persons namely Raju Kumar and Md. Sahnawaz, firstly the notice under Section 50 of the Act was served upon him and then, bag as well as physical search of Yogesh Kumar was done. During said course, from a bag having over his back, Ganja was found while from his physical possession, one mobile set, attendant card bearing ID No.-N000498 along with Rs.8130/-was recovered. He was also asked for to produce relevant documents with regard to possession of the Ganja, but he failed. He volunteered that this Ganja has been handed over him by one Surendra having mobile no.09983916095 with a request to carry the same to Delhi and for that, he was paid Rs.5,000/-. Accordingly, seizure list was prepared, a copy thereof, has been handed over to Yogesh Kumar, who put his signature and then, all of them came to parcel office where seized Ganja was weighed being 18 k.g. Then two samples have been prepared each containing 25g.m. and then, all have been sealed over which, the witnesses have put their signature.

3. After registration of Katihar Rail P. S. Case No.08 of 2015, investigation commenced and concluded by way of submission of chargesheet followed with trial, meeting with ultimate result, subject matter of instant appeal.

4. Defence case, as is evident