Dev Darshan Sud, J

The appellant challenges his conviction for offences under Section 18(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ‘ND&PS Act’). He has been sentenced to undergo imprisonment of five years and fine of Rs. 20,000/- and in default to suffer rigorous imprisonment for one year.

2. All the facts are not being considered in detail but only those necessary for adjudication for the points urged in this appeal. Mr.Rajiv Jiwan, learned counsel urges that the provisions of Section 50 of the ‘NDPS Act’ have not been complied with which fact per se entitles the appellant for acquittal (b) that the seal impression ‘A’ which was affixed on the contraband (opium weighting 50 grams) has not been produced in Court but only the seal sample of the packet after it was re-sealed. No evidence or explanation has been placed on the record as to why the first seal impression ‘A’ was not produced.

3. On the first point, learned counsel relies upon the Ext. PA to urge that the Investigating Officer has not complied with the provisions of Section 50 of the ‘NDPS Act’ and this document nowhere states that there is right vested in the a