Compliance with procedural safeguards under the NDPS Act, notably Section 52A, is essential to validate convictions; failure to produce seized contraband is fatal to the prosecution's case.

JUDGMENT :

1. The instant Criminal Appeal has been preferred by the accused/convict Satyapal and Saifuddin Urf Sheruddin who are convicted and sentenced on 02.10.2018 for charge under Section 8 /15-(C) NDPS Act, Case No.39 of 2018 (State of U.P. Vs. Satyapal and other) arising out of Case Crime No.994 of 2004, Police Station Kotwali, District Bareilly by Additional Sessions Judge, Court No.30 Bareilly and sentenced to 10 years rigorous imprisonment and Rs.1,50,000/- fine with a default stipulation. Another co-accused Pappu died during trial and the case was abated in respect of him due to his death.

2. Heard Sri N.I. Jafri, learned senior counsel assisted by Sri Sadrul Islam Jafri, learned counsel for the appellant and learned AGA for the State and perused the material available on record.

3. The brief facts of the case, leading to filing of present Criminal Appeal are that on 03.05.2004 PW1 S.S.I. Jagdish Kumar Arora accompanied by SI Siddhartha Mishra and SI Subhash Tiwari (PW2) two constables came to Chowki Crossing P.S. Kotwali, Bareilly in connection with their official duty on 03.05.2004. They inspected the Truck Bearing Registration No.DL-1 GA-6583 on a tip off received from a secret informer around 11:20 am. Prior to this they tried to enjoin public witnesses amongst passersby but they refused to stand as a witness. The truck driver disclosed his name as Saifuddin Urf Sheruddin and admitted that in that truck Poppy straw (doda) was loaded which belonged to businessmen Pappu and Satyapal, who were sitting on sacks keeping in the truck. These two persons have collected Poppys Straw near Bhamaura area and were taking this contraband to Bahedi District Bareilly to sell. The two persons were found to be sitting on sacks in the truck were asked to get down, who disclosed their name as Pappu and Satyapal, and on interrogation they confessed that they had collected these Poppy’s Straw from Bhamaura, Awlan and Aliganj area and were taking it to sell in Bahedi, district Bareilly. They are engaged in trade of Poppy’s Straw. The three persons caught by police were offered an option by Investigating Officer, that if they wish, their search may be conducted in presence of competent Magistrate or Gazetted Officer, they can even be called on the spot, whereupon the concerned persons reposed their faith in arresting officer, and stated that there is no need to call any other officer, they repose their faith in police team present on the spot, and they may be searched out by them. Thereupon, the police team search the plastic sacks loaded on the truck which found to be having Poppys Straw on smell. The truck was seized and all three persons caught from the truck were taken into police custody. The truck alongwith sacks containing the contraband was sent for weighing at nearby Jaiswal Dharamkata Shahjahanpur, Bareilly alongwith truck driver Saifuddin Urf Sheruddin; they were accompanied by two Police Officers, for being weighted at said Dharamkata. The total weight of contraband was found to be 43 quintal and 30 Kg. and weight of truck and contraband was recorded in receipt dated 03.05.2004, which was annexed with recovery memo. 5Kg sample was taken from the sack of recovered Poppy’s Straw (doda powder), and it was kept and sealed in a cloth, as the concerned persons could not produce any authority for having such huge quantity of Poppy’s Straw with them, they were arreste