ORDER :

Birendra Kumar, J.

1. Heard the parties.

2. The sole appellant has challenged his conviction in Sessions Case No.46/2011, arising out of FIR No.212/2011 registered with Police Station Purani Aabadi, Bikaner for offences under Section 8/21 and 8/22 NDPS Act.

3. By the impugned judgment dated 29.11.2016, the learned trial judge has awarded ten years’ rigorous imprisonment along with fine of Rs.1,00,000/- for offence under Section 8/21 NDPS Act and in default of payment of fine to further undergo one year’s rigorous imprisonment. Five years’ rigorous imprisonment along with fine of Rs.50,000/- has been awarded for offence under Section 8/22 NDPS Act and in default of payment of fine to further undergo six months’ rigorous imprisonment.

4. Ms. Anita Gehlot, learned amicus curiae submits that there is non-compliance of the mandate of Section 52A of the NDPS Act inasmuch as neither service of the Magistrate was ensured before taking out samples from the seized contraband at the spot nor photographs were taken to ensure credibility on the part of search and seizure.

Learned counsel next contends that PW-1 Rambahadur and PW-3 Vikram Singh, who are witnesses of the search and seizure have