1. This appeal is directed against judgment dated 3rd July, 2009 passed by Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth 'the Act, 1985'), Janjgir, District Janjgir-Champa in Special Case No.2/2009. By the impugned judgment, accused/appellant Sarju Sisodiya has been convicted under Section 20 (b) (i) (ii)(B) of the Act, 1985 and sentenced to undergo rigorous imprisonment for 8 years and to pay fine of Rs.5,000/-, in default of payment of fine, to further undergo rigorous imprisonment for 6 months.

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

On 07-02-2009, Sub-Inspector Harprasad Pandey (PW-7) was posted as Officer-in-Charge at Police Outpost Naila. On that date, Sub-Inspector Harprasad Pandey (PW -7) received a secret information from mukhbir that the appellant was bringing ganja in a bus from Barampur, Orissa. He recorded mukhbir suchna panchnama (Ex.P/28) and also entered it into the rojnamcha sanha. He transmitted the same information to SDO(P), Janjgir vide Ex.-P/1. Thereafter, he proceeded for further action and reached Khairamod, Bhatapara, Naila along with witnesses and police personnel. The appellant met him at Khairamod, Bhatapara, Naila. On being enquired, the appellant told his name. The appellant was informed about his legal right under Section 50 of the Act, 1985 vide Ex.-P/6. Consent of the appellant regarding search was recorded vide Ex.-P/7. Thereafter, Sub-Inspector Harprasad Pandey (PW-7) searched the bag of the appellant. Ganja like substance was found in the bag which was wrapped by a polythine. Search Panchnama was prepared vide Ex.P/11 and recovery panchnama was also prepared vide Ex.-P/12. Identification of the recovered article was conducted vide Ex.-P/13. After verification, it was found that the recovered article was ganja. Ganja was weighed on the spot vide Ex.-P/15. Ganja was kept in a bag and the weight of the ganja was found 8 kgs. and 50 grams. Ganja was seized vide Ex.-P/17 and namuna seal panchnama was prepared vide Ex.-P/16. Sample of seized ganja was prepared and sealed on the spot. Sub-Inspector Harprasad Pandey (PW-7) arrested the appellant vide Ex.-P/18 and prepared spot map vide Ex.-P/19. Sub-Inspector Harprasad Pandey (PW-7) came back to Police Outpost Naila along with the appellant and seized article. First Information report (Ex.-P/30) was recorded in Police Station Janjgir. The seized article and the sample were handed over to malkhana moharrir for their safe custody vide Ex.-P/22. Action taken report (Ex.-P/2) was sent to the SDO(P), Janjgir and sample of the seized ganja was sent to Forensic Science Laboratory (FSL), Raipur for chemical examination vide Ex.-P/32. A report (Ex.-P/34A) was received therefrom vide Ex.-P/34. In Ex.-P/34A, the 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, Janjgir, who conducted the trial and convicted and sentenced the appellant as mentioned above.

3. Shri Ashok Dixit, learned counsel for the appellant argued that there was no compliance of provisions of Sections 42, 50, 55 and 57 of the Act, 1985. Mukhbir suchna was not sent to superior officers. Looking to the Ex.-P/1, it appears that it was not sent immediately. Therefore, the provision of Section 42 of the Act, 1985 was not complied with. He further argued that there is nothing on record to show that Section 50 of the Act, 1985 has been complied with by Sub-Inspector Harprasad Pandey (PW -7). He further argued that the ganja was not sealed properly. The sample was sent to FSL, Raipur belatedly and there is no explanation therefor. Therefore, there is possibility of tampering of the sample. Hence, the appellant deserves acquittal.

4. Shri Mahesh Mishra, learned Panel Lawyer appearing on behalf of the State/respondent supporting the impugned judgment, submitted that the conviction and sentence awarded to the appellant do not