The mandatory requirements of Section 42 (1) and Section 50 of the NDPS Act must be strictly complied with in order to ensure a fair trial.

P. K. MISRA, J.

( 1 ) THE appellant assails the order of conviction under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the 'n. D. P. S. Act') and sentence of ten years' rigorous imprisonment and fine of rupees one lakh,in default, to undergo further rigorous imprisonment far two years, passed by the Additional Sessions Judge, Bhubaneswar, in Sessions Trial No. 20/251 of 1992.

( 2 ) SHORN of unnecessary details, the prosecution case is as follows: On 7-10-1992 at about 7. 30 p. m. , Shri U. K. Mallik, S. I. of Police of Capital Police Station, was on special petrol duty along with other officials. Information was received from reliable source that a person named Suresh was selling brown sugar near a 'jhumpudi' hotel in front of Bank Colony, Unit-IV. After getting information, it is alleged that the S. I. of Police sent a requisition to the Sub-Collector, Bhubaneswar, to depute an Executive Magistrate and accordingly Executive Magistrate Shri A. C. Behora (P. W. 1) accompanied the police party. The raiding party went to the spot and it was found that two persons ran away seeing the police. The raiding party after pursuing caught-hold of accused Suresh Kumar Sahu, the appellant. The search of the accused was taken in presence of the Executive Magistrate as well as other members of the raiding party and six number of paper packets containing brown sugar weighing about 660 milligrams and cash of Rs. 70/- from the person of the accused were seized. Subsequently, after seizure F. I. R. was registered and the appellant had to face trial under Section 21 of the N. D. P. S. Act.

( 3 ) THE plea of the accused was one of denial.

( 4 ) IN support of the prosecution case, eleven witnesses were examined out of whom P. W. 9 is the S. I. of Police who led the raiding party; P. W. 1 is the Executive Magistrate who accompanied the prosecution party; P. W. 2, a Havildar, P. Ws. 5, 6 and 7, the sub-staff of police and P. W. 11, the Driver of the jeep were part of the raiding party; P. W. 3 is the goldsmith in whose shop the seized articles were weighed; P. W. 4 is the Assistant Director of the State F. S. L. , Rsulgarh, who chemically analysed the seized article; P. W. 8 was a witness at the time of weighment of the seized articles; and P. W. 10 is another, S. I. of Police of Kharvelnagar Police Station who took up the investigation and filed chargesheet. Relying upon the evidence of the aforesaid prosecution witnesses, the trial Court has convicted the appellant under Section 21 of the N. D. P. S. Act for being in possession of brown sugar and sentenced him, as indicated above.

( 5 ) THE learned counsel appearing on behalf of the appellant, has assailed the order of conviction on several grounds. He has contended that there has been violation of mandatory requirements of Section 42 as well as Section 50 of the N. D. P. S. Act. It is also contended that provisions of Section 55 of the N. D. P. S. Act were violated and there is no acceptable evidence regarding proper sealing and custody of the seized articles. The learned Standing Counsel has supported the order of conviction.

( 6 ) IT is admitted by the prosecution that the search was effected pursuant to information received by P. W. 9. None of the witnesses has spoken about such information having been reduced to writing. On the other hand, P. W. 9 has categorically admitted that the information received by him was not reduced in writing. As has been observed by the Supreme Court in the case of State of Punjab v. Balbir Singh, (1994) 70 CR (SC) 283 : (1994 Cri LJ 3702), the requirement regarding reducing the information to writing is mandatory. Relying upon the aforesaid decision. similar view has been expressed in the case of Balbir Singh v. State of Orissa, (1996) 11 Ori CR 9 and in the case of Surendranath Mohanty v. State of Orissa. (1996) 11 Ori CR 130. Keeping in view the aforesaid proposition of law, it is apparent that the entire prose