IMPORTANT POINT
Strict compliance with the mandatory provisions of the NDPS Act, particularly regarding the procedure for seizure, sampling, and safe custody of seized articles, is crucial. Non-compliance with these provisions can lead to the trial being vitiated and result in the acquittal of the accused.

ORDER :

Ramesh Sinha, C.J.

1. Since these aforesaid three criminal appeals have been filed against the impugned judgment dated 27.04.2023 passed by the Special Judge (N.D.P.S.), Raipur in Special Criminal Case No.22/2018, they are clubbed & heard together and are being disposed of by this common judgment.

2. Appellants-Pamosushi Vijay Paramjyoti and Ravi Nadar have preferred Criminal Appeal No.1095 of 2023 under Section 374(2) of the CrPC questioning the impugned judgment dated 27.04.2023 passed by the Special Judge (N.D.P.S.), Raipur in Special Criminal Case No.22/2018, by which they have been convicted for offence under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called as 'NDPS Act') and sentenced them undergo rigorous imprisonment for 15 years and fine of Rs.2,00,000/-, in default of payment of fine to further undergo rigorous imprisonment for 1 years.

3. Appellant- N. Shriniwas Rao has preferred Criminal Appeal No.1310/2022 under Section 374(2) of the CrPC questioning the impugned judgment dated 27.04.2023 passed by the Special Judge (N.D.P.S.), Raipur in Special Criminal Case No.22/2018, by which he has been convicted for offence under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called as 'NDPS Act') and sentenced him undergo rigorous imprisonment for 15 years and fine of Rs.2,00,000/-, in default of payment of fine to further undergo rigorous imprisonment for 1 years.

4. Appellant- V.V.R. Shrinivas Rao has preferred Criminal Appeal No.1310/2022 under Section 374(2) of the CrPC questioning the impugned judgment dated 27.04.2023 passed by the Special Judge (N.D.P.S.), Raipur in Special Criminal Case No.22/2018, by which he has been convicted for offence under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called as 'NDPS Act') and sentenced him undergo rigorous imprisonment for 15 years and fine of Rs.2,00,000/-, in default of payment of fine to further undergo rigorous imprisonment for 1 years.

5. Case of the prosecution, in brief, is that on 10.02.2018 the head constable Balvant Yadav has received information through telephone that a white colour Ashok Leyland Vehicle bearing registration No. OD 30/2407 was transporting ganja from Andhra Pradesh and going to Uttar Pradesh via Dhamtari-Raipur. After receiving the information, the head constable has mentioned the said information in Rojnamcha Sanha No. 8 dated 10.02.2018 (Ex.P-48). Thereafter, the said information was sent to SHO and recorded the Rojnamcha Sanha No. 9 (Ex.P-49). The Crime Branch has also been informed to go for investigation of the said crime in Rojnamcha Sanha No. 10 (Ex.P-50). The notice under Section 160 CrPC (Ex.P-5) was issued and Informer information Panchnama (Ex.P-6) was prepared in presence of witnesses. After that the Investigating Officer along with staff and witnesses have departed to the spot and rojnamcha sanha No. 11 and 21 (Exs. P-56 & P-58) was recorded. Acting upon the information, the suspicious truck bearing registration No. OD 30/2407 has been stopped by the investigation team which has been mentioned in Rojnamcha Sahna No.20 (Ex. P-57). The appellants were given notice under Section 50 of NDPS Act informing about their rights and obtained their consent vide Exs.P-4, P-10, P-1 & P-11. Thereafter, the boxes in which fish were kept with ice are opened in which 8-8 packets of contraband were found and search Panchnama (Ex.P-13) and seizure memo (Ex. P-14) was prepared. Contraband was identified before the witnesses and was found to be ganja. Contraband identification panchnama (Ex,P-15) was prepared. Notice under Section 91 CrPC for production of documents regarding transportation of contraband was issued but they did not produce any documents. The seized contraband was weighed and came out to be 11 quintal 14 kgs and weighing Panchnama (Ex.P-17) was prepared. The contraband were seized from the acc