JUDGMENT

Ram Prasanna Sharma, J. - This appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against judgment dated 10.04.2003 passed by Special Judge (NDPS Act), Bastar at Jagdalpur (C.G.) in Special Case No. 58/2002, wherein the said court convicted the appellant for commission of offence under Section 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the Act, 1985") and sentenced to undergo R.I. for 3 years and fine of Rs. 6000/- with further default stipulations.

2. As per case of the prosecution, on 28.10.2002 at about 2:50 p.m., Sub-Inspector of Police Station- Nagarnar namely Alim Khan (PW-5) received information that one lady holding a nylon bag is standing near road of Village- Malgaon in which she carried ganja for sale. After receiving the information, the same was transmitted to Deputy Superintendent of Police, Jagdalpur through Constable No. 25 namely Gajadhar Pandey, thereafter, he proceeded with staff for further investigation. The said officer found the appellant and searched her bag in which 5 kg. and 100 grams of ganja was found which was seized and kept in safe custody of Malkhana. Sample of the same was sent for chemical examination to Forensic Science Laboratory where test of ganja was found positive. The appellant was charge-sheeted and after completion of trial, the trial court convicted as mentioned above.

3. Learned counsel for the appellant submits as under:-

(i) Provisions of Sections 42 and 50 of the Act, 1985 were not complied with, therefore, the procedure adopted by the investigating officer is not liable to be acted upon.

(ii) Again, provisions of Sections 52, 55 and 57 of the Act, 1985 were also not complied with, therefore, conviction of the appellant is liable to be reversed.

(iii) Constable- Phool Dev Lakada has not proved delivery of ganja to the laboratory for chemical examination, therefore, the finding arrived at by the trial court is liable to be set aside.

4. On the other hand, learned State counsel submits that the finding arrived at by the trial court is based on relevant material placed on record and the same does not warrant any interference of this Court with invoking jurisdiction of the appeal.

5. I have heard learned counsel for the parties and perused the records.

6. To substantiate the charge, the prosecution examined as many as 6 witnesses. Alim Khan (PW-5) who is Sub-Inspector of Police StationNagarnar deposed before the trial court that he received information on 28.10.2002 at 14:50 p.m. that one lady was standing with a nylon bag at Village- Malgaon. He recorded this information in Rojnamcha Sanha as per Ex. P/11. Again, he sent this information to Additional Superintendent of Police, Jagdalpur through Constable No. 25 namely Gajadhar Pandey. The information was received in the office of Additional Superintendent of Police, Jagadalpur by Reader namely Prakash Shukla who is Head Constable and gave acknowledgement as per Ex. P/12. He further deposed that after completion of legal formalities, he reached to Village- Malagaon where the appellant was standing with a bag. He served a notice as per Ex. P/2 to the appellant that she may be searched by any Gazetted officer or Magistrate, but she gave consent to be searched by this officer. After searching of the bag, contraband article ganja was found and one Panchnama was prepared as per Ex. P/5. After weighing the said article, it was found to be 5 kg. and 100 grams. As per version of this witness, two samples of 30 grams each was prepared from seized article and it was sealed and sample Panchnama was prepared as per Ex. P/6.

7. Again, the procedures were written in Rojnamcha Sanha as per Ex. P/16 and seized article and samples were handed over to in-charge of Malkhana of Police Station- Nagarnar. Again, information regarding seizure and arrest was sent to Superintendent of Police, Jagdalpur and Additional Superintendent of Police, Jagdalpur as per Ex. P/19.

8. As per v