JUDGMENT :

Rashid Ali Dar, J.

1. Learned Additional Sessions Judge, Anantnag (Special Court under Section 36 of NDPS Act), in terms of judgment dated 09.07.2018, has convicted the appellant herein for commission of offence under Section 8/20(b)(ii)(C) of NDPS Act (for short 'the Act') and sentenced to rigorous imprisonment for a term of eleven years with fine of rupees one lac twenty-five thousand.

2. On perusal of the impugned judgment, it appears that the appellant herein had been arrested on 27.11.2008, when at K.P. Road adjacent to the General Bus Stand, Anantnag, a police party was performing their duties and had received an information through reliable sources that the appellant' herein is involved in the trade of illicit "Bhang leaves" and was taking the same in a bag for selling purposes. On receipt of the information, SP. Headquarter, who had been informed through phone, along with Executive Magistrate visited the spot. A "Nylon Bag" containing 14 Kilograms of "Bhang leaves" was recovered which was seized on spot. A "Nylon Bag" containing 14 kilograms of "Bhang Leaves" was recovered which was seized on spot. Proper it may be to reflect the exact words of report conveyed to Police Station, leading to registration of case:

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3. A case had been registered accordingly and the investigation commenced. On conclusion of the investigation, final report was submitted and the appellant herein found prima facie guilty of commission of offence under Section 8/20 Narcotic Drugs and Psychotropic Substances Act (for short the Act). On 12.12.2009, the accused was charged 12.12.2009 with the commission of offences under these provisions of law. Accordingly, on his denial to charge, the prosecution was directed to lead evidence It may be pertinent herein to mention that in the calendar of witness, seven persons have been cited as prosecution witnesses out of which PW (5) Altaf Hussain Khan (SP) and PW (6) Shabir Ahmad Masoodi (Scientific Officer, FSL) have not been examined.

4. Before learned trial court, the grounds raised on behalf of the appellant had been:

(i) Mandatory provisions of Section 52 and 57 of the Act have not been followed;

(ii) There has been infraction of Section 43 of the Act;

(iii) There being no independent witness and so the search and seizure stood vitiated and the credibility of the prosecution witnesses who were police personnel stood shacked;

(iv) The substance allegedly recovered from the appellant not being contraband within the meaning of the Act;

(v) Non examination of material witnesses i.e. PW(5) Altaf Hussain Khan (SP) and PW(6) Shabir Ahmad Masoodi (Scientific Officer, FSL) being fatal for the prosecution case;

(vi) There being no evidence available before the learned trial court as to the reliability of the report submitted on behalf of FSL and there being also non-compliance of Section 510 Cr.P.C., the appellant could not be convicted.

5. The learned trial Judge considered the entirety of the evidence and by the judgment dated 09.07.2018 found the appellant guilty of commission of offence under Section 8/20(b)(ii)(C) of NDPS Act. By order dated 18.07.2018, the appellant has been sentenced to rigorous imprisonment for a term of eleven years with fine of rupees one lac twenty-five thousand. Aggrieved thereby, appellant has filed the present appeal.

6. In the memo of appeal, the said grounds along with few more raised before the learned trial court have been reiterated. It would also be proper herein to have brief narration of the same:

(i) The impugned judgment of conviction and sentence is absolutely perverse and based on no evidence whatsoever as it is the basic principle of Criminal Jurisprudence that suspicion howsoever grave it may be, cannot take place of proof, and there is a large difference between something that may be proved and will be proved. The mental distance between "may be" and "must be" is quite large and divides vague conjectures from sure conclusions. In a criminal case, the cou