ORDER :

The applicants have been arrested in connection with Crime No.05/2019 registered at Police Station – Farasgaon, District – Kondagaon (C.G.) for alleged commission of offences under Section 20 (b) (ii) (c) of NDPS Act, 1985.

2. Prosecution case is that upon receipt of information, when police intercepted the applicants, they were found in possession of 106.964 Kgs of ganja and according to the prosecution, the applicants failed to produce any valid authority of possession.

3. Learned counsel for the applicants would submit that the mandate of Section 42, 50 and 55 of NDPS Act have not been complied with in its true spirit while drawing proceedings under the Act. The submission is that while sending information regarding receipt of information of illegal transportation of ganja, no specific reason was assigned as to what was the urgency to proceed without obtaining warrant. It is further submitted that there are discrepancies in the sample of the seal alleged to have been fixed on the seized articles because the sample seal as was used to seal the contraband and the sample seal which has been used while preparing inventory by the Executive Magistrate are differently shaped. He w