IMPORTANT POINT
Mandatory compliance with Section 52A of the NDPS Act is essential for the validity of evidence in drug cases, and its violation can lead to the dismissal of charges.

JUDGMENT :

1. The appellants and three others faced trial in Sessions Case No.234/2014 (31/2011). The aforesaid trial arises out of FIR No.599/2010 registered with Nimbahera Police Station vide Exhibit-25. On 02.8.2022 judgment of conviction was passed against appellant Basanti Lal, Prakash Dhakad, whereas by the same judgment co-accused Madan Lal, Jagdish and Pappu Bishnoi were acquitted. Since appellant Hanuman Ram was absconding at the time of judgment dated 02.8.2022 and was apprehended later on, judgment of conviction was recorded against him on 17.02.2024, which are under challenge herein. Appellants were convicted for offence under Sections 8/15(c) & 8/25 of NDPS Act and ten years’ rigorous imprisonment alongwith a fine of Rs.1,00,000/- was awarded for both the offences separately and in default of payment of fine additional one year’s rigorous imprisonment was ordered.

2. Prosecution case as disclosed in the FIR is that on 06.10.2010 in early morning the informant got information from the Police Informer that contrabands are being carried through the referred route. At about 5:00 am near Bhagwanpura Road first a suspicious motor-cycle was stopped and from that motor-cycle appellant Prakash was apprehended, who informed that co-accused Pappu who was the pillion rider fled away. The police also saw someone fleeing from the said motor-cycle. Soon thereafter a Mini-Truck bearing Regn. No.RJ-01G-3741 was intercepted and from that truck 37 Jute bags and 03 plastic bags, each containing suspected Contraband (Poppy Husk) was noticed. Appellant-Hanuman Ram was driver of the said truck and appellant-Basanti Lal was occupying the side seat. Hanuman and Basanti disclosed to the police that they are carrying Oil Cakes. In fact, that was Doda Chura (“Afeem”). Thereafter the police asked accused persons to get the items searched in presence of the Magistrate but they agreed for search by the police. Accordingly, search was made. Each of the bags were opened and 100 Grams was taken out as sample. Thereafter all the samples were mixed for forensic examination and the remaining were sealed.

3. During trial prosecution examined altogether 19 witnesses and certain documents were marked as Exhibits.

4. Perused the materials on record.

5. PW-1 Chothmal & PW-2 Raees Mohd., were member of the Raiding Team. They have deposed that nothing was recovered from the motor-cycle or the motor-cycle rider. The samples were taken from the seized contrabands, which were found in the truck. PW-3 Dungar Ram has deposed that he had already sold the said truck to appellant-Hanuman. PW-4 Shankar Lal, who was a member of Raiding Team made identical statement to that of PW-1 & PW-2. PW-5 Usman Ghani has deposed that he took the samples for FSL on 11.10.2010 and got it received thereat on 12.10.2010. PW-6 Chandrakaran Singh and PW-7 Chandmal were also the members of the police team and they have made statement like PW-1, PW-2 & PW-4. PW-8 Mahipal is a witness of compliance of Section 57 of NDPS Act. PW-9 Rajendra Singh has deposed that he handed-over samples for FSL examination on 11.10.2010. PW-10 Ajay Raj Singh is the Malkhana Incharge, where the seized contraband was kept. PW-11 Veera Ram has deposed that compliance of Section 42 of NDPS Act was made on 06.10.2010 itself. PW-12 Mohd. Rafique and PW-13 Parvez are witnesses of seizure and they have deposed that nothing was seized in their presence nor they had signed on any document. The witnesses have turned hostile. PW-13 Parvez stated that since he is a Welder, hence was doing work of the police, therefore, he signed on the papers. PW-14 Mangilal S/o. Bhura Lal Ji, who is witness on the site-plan has also turned hostile and has simply stated that he had signed some papers placed by the police before him. PW-15 Mangilal S/o. Udai Ram Ji has deposed that on 12.10.2010 appellant-Hanuman had taken the police to the field from where the contraband was loaded on the vehicle, which was near the ‘Dhani’ of acquitted accu