Non-compliance of statutory provisions in the N. D. P. S. Act does not necessarily vitiate the investigation or render the prosecution case doubtful, especially when there are valid reasons for such non-compliance.

( 1 ) VIDE Judgament daled July 7, 1989, the appellant has been convicted of an offence punishable under Section 21 of N. D. P. S. Act of having been found in possession of 1 Kilogram of heroin and has been sentenced to undergo rigorous imprisonment for 12 years and to pay a fine of rupees one lac and in default in the payment of fine, to undergo further simple imprisonment for a period of three years. Appellant has filed this appeal challenging his conviction and the sentences.

( 2 ) THE facts of the case, in brief, are that Swatanter Kumar, S. I. , Public Witness -7 and S. I. Joginder Singh Public Witness -6 of the Crime Branch had some secret information that appellant Satnokh Singh, Bhupinder Singh and Varinder Sharma who belongedi to Punjab were touring in Haryana and they have been bringing heroin from Punjab and disposing of the same to some customers in Delhi. They had put some secret informer to get some specific information about their movements in Delhi and on January 21, 1986 at about 6 P. M. secret informer came to the Crime Branch and disclosed that the said three persons would be supplying the heroin to some customer near Tirath Ram Hospital and they would be coming from the side of old Police Line at about 7 P. M.

( 3 ) IMMEDIATELY a raiding party was constituted under the supervision of Inspector Tarsem Pal besides the said two ,sub Inspectors, Head Constable Ram Dass, Constable Balbir Singh, Prem Chand, Risal Singh and lady constable Bimla Devi, were joined and the raiding party came in the police jeep which was being driven by Constable Jaswant Singh and after crossing I. S. B. T. chowk the nakabandi was held. After efforts to join 5-6 passersby proved futile, at about 7. 30 P. M. the said persons including the appellant were seen coming and they were, pointed out by the secret informer. Appellant was having in his right hand some plastic bag and Varinder Sharma was also carrying a plastic bag in his right hand. Varinder Sharma had handed over the bag to Bhupinder Singh and was trying to escape when Bhupinder Singh was apprehended by S. I. Jagbir Singh. Swatanter Kumar, S. I. apprehended Santokh Singh and option was given to appellant that as he was suspected of having heroin in possession his search could be got done in presence of a Magistrate or a Gazetted Officer which offer was declined by appellant and 1 Kilogram of heroin was recovered from the bag which was is possession of the appellant. After taking sample of 10 gram, the sample as well as the remaining heroin were converted into seal parcels and were sealed with the seal belonging to letter j. S. Necessary C. F. S. L. form was also filled in. Rukka Ex. PW4/a was prepared at about 10 P. M. and Rukka as well as the case property were sent to the SHO through constable Balbir Singh for registration of the case. Constable Balbir Singh has produced the case property before Ram Singh, the S. H. O. of the Police Station, Public Witness -3 who sealed the case propterty with his own seal and got deposited the case property in the Malkhana. On 28th January 1986, Public Witness -2 constable Prem Chand had taken the sample sealed parcel from the Malkhana and had deposited the same in the office of CFSL and the report of the CFSL Ex. Public Witness 7/b was received showing that the sample gave positive test for heroin.

( 4 ) THE learned Additional Sessions Judge has in his detailed judgment brought home the offence to the appellant believing the statements of the police officials.

( 5 ) THE learned counsel for the appellant has vehemently contended that it was not safe to have brought home to the appellant the offence on the statements of police officials inasmuch as certain mandatory provisons of N. D. P. S. Act have not been complied with. He has urged that Section 42 of the Act requires that it is incumbent upon the police officer receiving the secret information to incorporate the same in Daily Diary and in the present case failure of the police