Strict compliance with mandatory provisions of the NDPS Act, such as Section 42, is essential to protect suspects against false implication and ensure fair investigation and trial.

N.S. SHEKHAWAT J.

1. The present appeal has been preferred against the judgment of conviction dated 14.09.2004 and the order of sentence dated 15.09.2004 passed by Learned Special Court, Kurukshetra, whereby the present appellant has been convicted under Section 15 of the Narcotic Drugs and Psychotropic Act, 1985 (herein after referred to as the NDPS Act) and was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.6000/-, along with default stipulation.

2. The case of the prosecution in brief is that on 07.03.2001, Prem Narain, SI of Anti Narcotics Cell, CID Crime, Madhuban Karnal along with other police officials was present on GT Road and he received a secret information that Isham Singh, accused, owner of JVG Dhaba used to sell poppy husk to truck drivers and if an immediate raid be conducted at his Dhaba, he might be caught red-handed. Prem Narain, SI formed a raiding party and also informed DSP, Headquarter, Kurukshetra about the said facts. He raided JVG Dhaba and found accused going towards back side of the Dhaba carrying a gunny bag. He was apprehended on suspicion and Prem Narain, SI served a notice under Section 50 of the Act on the accused and informed him about his right of getting the search conducted either in the presence of a Gazetted Officer or a Magistrate. In reply to the said notice, the accused opted to get himself searched before a Gazetted Officer vide a separate memo. In the meantime, Anil Kumar Dhawan, DSP, Headquarter Kurukshetra reached at the spot. He was apprised of the fact and on his direction, Prem Narain SI conducted the search of the gunny bag, which was found containing poppy husk in a wax paper of white colour. Two samples of 200 grams each were separated from the recovered poppy husk and the residue quantity of poppy husk weighed to be 11 Kgs 600 grams. The two samples as well as the remaining quantity of poppy husk were converted into separate parcels and duly sealed with the seal impression 'PN' of Prem Narain SI and 'AKD' of Anil Kumar Dhawan, DSP. The specimen of seal impressions were also prepared. The case property as well as specimen seal impressions were taken into possession vide a separate recovery memo. A ruqa was sent to the police station and the formal FIR was recorded. The initial investigation was conducted by Prem Narain SI at the spot. After returning to the police station, the accused, witnesses and the case property were produced before Satbir Singh, SI/SHO and apprised him of the facts by submitting a report under Section 55 of the Act. The SI/SHO also verified the facts, affixed his seal 'SS' on the parcels and directed the case property as well as specimen seal impressions to be deposited with MHC and the accused was formally arrested. Prem Narain, SI also prepared a report under Section 57 of the Act and submitted the same to DSP, Headquarter, Kurukshetra. The sample parcels were sent to FSL, Madhuban in due course and on receipt of the report of FSL, Madhuban, the challan was presented against the accused in the competent Court.

3. Finding a prima facie case, the accused was charge-sheeted for the offence punishable under Section-15 of the NDPS Act, to which he pleaded not guilty and claimed trial.

4. To prove the charge against the accused, the prosecution examined nine witnesses. HC, Bhushan Dass was examined as PW-1, who tendered his duly sworn affidavit Ex. PA as his statement. C. Satyan was examined as PW-2 and he tendered his affidavit Ex. PB in evidence. The prosecution examined SI Satbir Singh as PW-3, who was posted as SHO in Police Station, Shahabad on 07.03.2001. Prem Narain, SI produced the accused, witnesses and the case property before him and he made enquiries from the witnesses and the accused. He also had put his seal impression 'SS' and directed to lodge the accused in the lock up and to deposit the parcels with the MHC. He had forwarded report under Section 57 of the Act to the higher police officer. HC Amar Sin