Proper compliance with procedural requirements, such as Section 50 of the Act, is crucial in establishing the legality of searches and seizures in narcotics cases.

S.P. Pathak, J.-Both the appeals have been filed against the Judgment of coviction and order of sentence dated 010.2001 passed by learned Special Judge, NDPS Cases, Pratapgarh in Special Sessions Case No.40/2000, whereby accused-appellant Mukesh has been convicted under Section 8/21 and Section 9-A/25-A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and accused-appellant Bapulal has been convicted under Section 8/29 of the Act. They have been sentenced as under:-Name of accused-appellant Offence under Section Sentence awarded Mukesh 8/21 NDPS Act 15 years’rigorous imprisonment and a fine of Rs.1.5 lacs, in default of payment of fine to further undergo three years’ rigorous imprisonment

9-A/25-A NDPS Act 5 years’rigorous imprisonment and a fine of Rs.50,000/-, in default of payment to further undergo one year’s rigorous imprisonment.

(Both the sentences were ordered to run concurrently) Bapulal 8/29 NDPS Act 10 years’rigorous imprisonment and a fine of Rupees one lac, in default thereof to further undergo two years’ rigorous imprisonment.

The accused-appellants were given benefit under Section 428 Cr.P.C.

2. In brief , the case of the prosecution as it is revealed from the evidence is as below:-On 15.07.2000, PW. 4 Vijay Singh Meena, Superintendent, Prevention and Vigilance Cell, Central Narcotics Bureau, Jaipur, received an information (Ex.P/3) from an unlisted Mukhbir in the office of Distict Opium Officer, Pratapgarh that one person named Mukesh Kumar Nayak will deliver about 2 kgs heroin and 5 litre acetic anhydride to Iswaralal Gurjar, resident of Narayangarh, carrying it from Pratapgarh area. The said information was recorded in document CBN-I and copies whereof were sent to Dy. Narcotics Commissioner, Kota and Dy. Narcotics Commissioner (A&P), Gwalior vide No. 838 and 839 of the dispatch register of the office of District Opium Officer, Pratapgarh. In order to materialize the information, a preventive team was constituted under the superivison of Shri Vijay Singh Meena and all the members of the team were informed about the information received at Pratapgarh itself . On 16.07.2000, at 5.30 PM one member of the preventive team Shri Laxman Katariya, Sub-Inspector, Central Narcotics Bureau, called two independent witnesses Sarva Shri PW. 2 Bagdi Ram and PW. 1 Ramesh and introduced them to the members of the team and telling them about the purpose, informed them that as per secret information one person would start in a bus from Basad Phanta crossing (a junction of three paths on Pratapgarh-Mandsore road) with illegal heroin and acetic anhydride and they had to remain present as independent witnesses at the time of his search. Both the persons gave their consent. Thereafter, acting on the information received, in supervision of Shri Meena the preventive team alongwith the two independent witnesses started in Govt. vehicle RJ20 C 6684 and one private taxi No.RJ19 C-7003. They reached at Basad Phanta crossing on Pratapgarh-Mandsore road at 6 O’clock and took their positions. The preventive team was comprised of Inspector Rakesh Bhargava, Inspector Ajmer Singh Barad, Inspector S.K. Singh, Sub-Inspector Laxman Katariya, Sub-Inspector Sanjay Paliwal, Constable Chotu singh Hada of the Central Narcotics Bureau, Jaipur and A.P. Choudhary, Inspector, NCB, Pratapgarh. At about 6:15, one person came from the side of village Basad at Basad Phanta on Pratapgarh-Mandsore road, who was stopped by one of the members of the preventive team Shri Laxman Katariya, the Sub-Inspector. The person stopped was having a printed regzin bag in his right hand. When that person was inquired, he disclosed that he was Mukesh Sharma s/o Devilal, aged 26 years, by caste Nayak and was a resident of Paheda Magra, Police Station Narayangarh, Tehsil Malhargarh, District Mandsore. In the presence of both the independent witnesses, the Sub-Inspector Katariya informed him that on the basis of information re