Non-compliance with statutory provisions, particularly Section 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985, can vitiate the conviction and lead to the acquittal of the accused.

1. This appeal is directed against the judgment dated 7-8-2003, passed by Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth 'the Act, 1985'), Rajnandgaon in Special Case No. 43/2003. By the impugned judgment, accused/ appellant Nasir Khan has been convicted under Section 20(b)(i) of the Act, 1985 and sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 50,000/-, in default of payment of fine, to undergo rigorous imprisonment for 1 year.

2. Case of the prosecution, in brief, is as under:

On 26-2-2003, Sub-Inspector T. Khakha (PW-7) was posted in Police Station Kotwali, Rajnandgaon. On that date, he received secret information from the Mukhbir that the appellant had kept Ganja in plastic bag and was going to sale the same. On receipt of this secret information, he recorded secret information vide Ex. P-6 and transmitted the same to the City Superintendent of Police and thereafter, proceeded to the spot, i.e., Ganj Chowk. The appellant was found there with a plastic bag. The appellant was informed about his right under Section 50 of the Act, 1985 vide Ex. P-7 and the consent of the appellant regarding his search was recorded vide Ex. P-7 itself. The plastic bag was searched in presence of the witnesses and Ganja was recovered from the plastic bag. After physical verification, it was found that the recovered article was Ganja and identification panchnama of the substance, i.e., Ganja was prepared vide Ex. P-19. Ganja was weighed and weight panchnama was prepared vide Ex. P-9. Ganja was seized vide Ex. P-4. 11.500 kgs Ganja was found in the plastic bag. Two samples of 100-100 grams of the seized Ganja were prepared separately. Thereafter, Sub-Inspector T. Khakha (PW-7) recorded Dehati Nalishi (Ex. P-17). Sub-Inspector T. Khakha (PW-7) came back to Police Station Kotwali, Rajnandgaon along with the appellant and seized articles. He registered First Information Report (Ex. P-18) in the police station. The seized Ganja and its samples were kept in Malkhana for safe custody. The samples of the seized Ganja were sent to Forensic Science Laboratory, Raipur for chemical examination and report (Ex. P-13) was received therefrom, in which, test of Ganja was found positive.

After completion of the investigation, charge sheet was filed against the appellant in the Court of Special Judge under the Act, 1985, Rajnandgaon, who conducted the trial and convicted and sentenced the appellant as mentioned above.

3. Shri Rajneesh Shrivastava, learned counsel for the appellant, argued that there was no compliance of provisions of Sections 42, 50, 55 and 57 of the Act, 1985. He further argued that there is nothing on record to show that the plastic bag was containing Ganja and samples taken from the plastic bag were sealed and specimen impression of the seal was prepared. The samples were taken on 26-2-2003 and it was sent to the FSL, Raipur on 3-3-2003. The samples were produced in the FSL, Raipur on 5-3-2003. The samples were sent after considerable delay, for which, no explanation was offered. Therefore, the seizure from the appellant was not in accordance with law. Possibility of tampering of the seal of the plastic bag sent to the FSL, Raipur cannot be ruled out. Therefore, the appellant is entitled to be acquitted of the charge framed against him.

4. Shri Sandeep Yadav, learned Deputy Government Advocate for the State/respondent, supporting the impugned judgment, submitted that the conviction and sentence awarded by the learned Special Judge do not wan-ant any interference by this Court.

5. Having heard rival contentions of the parties, I have perused the record of Special Case No. 43/2003.

6. To hold the appellant guilty for the offence punishable under Section 20(b)(i) of the Act, 1985, the prosecution examined Head Constable Sundarlal Gorle (PW-1), Head Constable Babulal Sinha (PW-2), Vijay (PW-3), Champalal Soni (PW-4), Constable Sonchand Dahriya (PW-5), Kumar Swami (PW-6) and Su