1. - The appellant has preferred this appeal against the judgment of conviction and order of sentence dated 16.04.2090 passed by the learned Special Judge, NDPS Act Cases, Jodhpur in Sessions Case No.2/2007, whereby the appellant-accused was convicted for the offence under Section 8/21 of the NDPS Act and was sentenced to undergo ten years' rigorous imprisonment with fine of Rs. 1,00,000/-, in default of payment whereof to further undergo one year's rigorous imprisonment.

2. The brief facts of the case are that on 08.07.2006, SHO received a secret information from his mukhbir that a person coming on Motor Cycle No.RJ 04 1M 6955 from Balotra to Pali is having illegal contraband Charas with him. On receipt of this information, after reducing the same in writing, forwarded the same to the S.P. Pali and C.O. Pali Rural in pursuance to the provisions of Section 42 of the NPDS Act, proceeded to Jaitpur Choraha and and started nakabandi. He sent one constable Jalam Singh for bringing motbirs, who brought independent motbirs Madan Das and Ranchhod Ram. During the course of nakabandi, at about 5.15 p.m., one motor-cycle reached there from Mandavas, which was stopped and when the name of the driver was asked, he disclosed his name as Ghevar Ram. Thereafter, a notice under Section 50 of the NDPS Act was given to him and he was searched. On search, from the motor-cycle, one plastic bag was recovered, in which there were three packets were found containing charas, without having any license. On weighing, the weight of the recovered contraband was found to be 1 kg. each packet, total 3 kg. Thereafter, after taking samples from each packet, the same were seized and sealed and the appellant-accused was arrested and a case was registered for the offence under section 8/21 of the NDPS Act. During investigation, the appellant-accused gave information under Section 27 of the Evidence Act (Ex.P/32) that he purchased charas from Lal Singh and Ganga Ram. In pursuance to this information, Lal Singh and Ganga Ram were arrested on 08.07.2006. Lal Singh and Ganga Ram also furnished information under Section 27 of the Evidence Act (Ex.P/33 and Ex.P/34) and stated that they purchased the charas from Prabhu and Daroga. The police, after completion of investigation, filed charge-sheet for the offence under Section 8/21 of the NDPS Act against the appellant-accused and for the offence under Section 8/21 read with Section 29 of the NDPS Act against Lal Singh, Ganga Ram, Prabhu and Daroga.

3. After hearing on charge, the learned trial court framed charge for the offence under Section 8/21 of the NDPS Act against the appellant-accused, under Section 8/29 against Lal Singh and Ganga Ram and Section 8/21 read with 29 of the NDPS Act against Daroga to which they denied and claimed trial. To substantiate the charges, the prosecution examined as many as 9 witnesses. The appellant-accused and co-accused were thereafter examined under Section 313 Cr.P.C., wherein they denied the prosecution case and examined one witness in defence. After trial, the learned trial court, though acquitted the co-accused but convicted and sentenced the appellant-accused vide impugned judgment dated 16.04.2009 as aforesaid. Hence, this appeal.

4. I have heard Mr. Ravindra Acharya, learned counsel for the appellant and Mr. LR Upadhyay, learned Public Prosecutor.

5. The learned counsel for the appellant submitted that there is total non-compliance of the mandatory provisions of Sections 42 and 50 of the NDPS Act. It was also submitted that while seizing the recovered contraband, the SHO put his personal seal instead of seal of police station, thus, there was noncompliance of the provisions of Section 55 of the NDPS Act. It was further submitted that no independent witness supported the prosecution case, which vitiates the whole case of the prosecution. It was thus prayed that the appeal of the appellant-accused may be allowed and he may be acquitted from the offence. He placed reliance