Compliance with Section 50 of the NDPS Act is mandatory, and failure to adhere to procedural safeguards undermines convictions, particularly in cases with no independent corroboration.

JUDGMENT :

PRAMOD KUMAR SRIVASTAVA, J.

1. Heard, Shri Avinash Srivastava, learned counsel for the appellants and Shri Bishvanath Nishad, learned AGA for the State.

2. By means of the captioned appeals the appellants have assailed the correctness of the judgment and order dated 21.08. 2007 by which the learned additional sessions judge, fast track court no 30 district Barabanki in criminal trial no 22/2000 State v Kamlesh Case crime no. 12/2000 convicted the appellant (Kamlesh) to undergo RI for six months and a fine of Rs 5000 and in default of fine further imprisonment of one month under section 8/18 NDPS Act and convicted Munna in criminal trial no 23/2000 State v Munna under section 8/18 NDPS Act sentencing him to undergo RI one year and also to pay fine of Rs 10000, to further undergo 2 months additional rigorous imprisonment.

CASE OF THE PROSECUTION

3. On 17.01.2000, S.O. Gauri Shankar, along with Constable Ashok Kumar Singh and Constable Anil Pratap Singh, departed from the police station in search of the wanted accused Ram Naresh related to Case Crime No. 3/2000 under Sections 457, 380, 411 IPC Police Station Kothi, and upon reaching near Usmanpur, information was received through a special informer that two individuals had gone to the place of farmer Paridin in Village Birapur on a motorcycle to purchase opium, and if acted upon quickly, they could be caught. Believing this information, Constable Shahabuddin and Constable Rudra Nath Pandey, who were deployed on road patrol, were taken along, and they reached Village Birapur. Public witnesses were asked to accompany them after being told the purpose, but due to village enmity/issues, no person was ready to go along. Therefore, along with the informer and the accompanying staff, when they reached near Paridin's house around 8:00 PM, two individuals were sitting on a motorcycle and one person was talking to them. Upon the informer's signal, they were challenged by flashing a torch. All three individuals attempted to flee but were surrounded and stopped with the help of the accompanying staff. When asked for their names and addresses, the person sitting on the motorcycle driver's seat stated his name as Kamlesh, the second person sitting behind on the motorcycle stated his name as Munna, and the third person stated his name as Paridin. On being asked the reason for attempting to flee, they stated that they possessed illicit opium, which is why they wanted to run away. Since there was information regarding the possession of illicit opium, all three individuals were asked if they wanted to give their personal search (Jama Talashi) before any nearest Magistrate or a Gazetted Officer. On this, all three said that when the police had caught them, they may only make the search.

4. Upon conducting the personal search as per rules, approximately half a kilogram of illicit opium was recovered from inside a polythene bag kept in the gamchha (towel) tied around Kamlesh's waist. From the person sitting behind Munna, approximately one kilogram of opium was recovered from a polythene bag pressed under his right armpit, and a Hero Honda Motorcycle U.P. G.O. Number 3830 was recovered in working condition; and from the third person, Paridin, approximately 400 grams of illicit opium was recovered from a polythene bag held in his right hand. The accused persons were arrested