The judgment emphasizes the importance of credible evidence, compliance with statutory provisions, and the burden of proof in drug-related cases.

I.S. Shrivastava, J.

1. These appeals have been preferred being aggrieved by the judgment dt. 20/03/2007 passed by the Court of Shri Abhay Kumar, Special Judge, N.D.P.S. Act, Ratlarh, in Special-Case No. 40/2003, by which the Appellants Chhaganal and Dinesh have been convicted under Section 8/21 (c) of the N.D.P.S. Act and sentenced to R.I. of ten years along with fine of Rs. 1,00,000/- and in default of payment of fine further directed to undergo R.I. of one year to each of the Appellant.'

2. According to prosecution case on 02/07/2003 Shri Satyendra Kumar Tugnawat, Sub Inspector, CBN, Ratlam, received information through informer that two persons Chhaganlal and Dinesh, travelling in a Maruti Car bearing registration No. RJ-09-5018, will carry Heroine from Ratlam to Indore. Hence, on this information panchnama of the information of the informer was prepared. Thereafter in the supervision of Shri J.C. Shrivastava raid party was arranged and reached with the witnesses to spot. At about 12.00 P.M. a new Maruti Car came from the side of Ratlam and it was intercepted and two persons were found in the Can Chhaganlal was Driver of the Car and other person told his name Dinesh. They were apprised with the information of the informer and after obtaining their due consent for search the police party took the search of the person. On search of the Car two bags of Jute were found in the Dicky of the Car which contained Heroine and they were marked as Article A and B. Article-A contained 6 Kg. 200 Gram and Article B which contained 10 Kg. 200 Gram Heroine. Thereafter two samples 5 Gram of each was prepared from each bag and marked as article A-1, A-2 and B-1, B-2. In a canvas bag 4 Trousers, 4 Shirts and a Loongi was found which was also sealed and marked as Article C. Panchnama impresession of seal and spot map was prepared. All the articles and sample were sealed and all the samples and packets were seized on the spot. Other panchnamas were prepared. The accused persons were arrested. Thereafter police party returned to the office and seized property was presented along with report under Section 57 of the N.D.P.S. Act before the Superintendent. On his direction the property was deposited in the departmental Malkhana. The samples were sent to Government Opium & Alkaloid Factory, Neemuch and from the report it was confirmed as Heroine.

3. On interrogation Chhaganlal in his statement stated that he received Heroine from Ramnarayan for which they paid Rs. 3 lac to him, hence raid was made at the house of the Ramnarayan and Rs. 2,90,000/- was seized from his house in his absence, Ramnarayan was called for interrogation, but he did not appear on 24/09/2005. On second summon he appeared on 25/09/2005. He also admitted that Chhaganlal came to his house to purchase the Heroine. Ramnarayan was also added as an accused in the offence and after investigation supplementary challan was filed against Ramnarayan and after trial he has been acquitted vide judgment dated 20/09/2007, and the Appellants have been convicted as mentioned above, hence this appeal.

4. It has been argued on behalf of the Appellants that independent witnesses of the seizure memo Ex.P.5 and other panchnama Ex.P.2 to Ex.R 15 were hostile and not supported the proceedings taken-up by the Investigating Officer. There was difference of weight of samples which was received in the F.S.L. At the time of packing of the sample colour was brown and in the F.S.L. white powder was found, hence samples were changed and tampered. Those samples which were seized on the spot were not sent for chemical analysis, there was non compliance of Section 55 of the N.D.P.S. Act. Shri N.P. Ojha, Investigating Officer and members of raiding were not examined. The panchnamas were not prepared as per procedure. The statement of Chhaganlal and Dinesh recorded under Section 67 did not contain the place and time when it was recorded and it was concoctated. The information under Section 57 of the N.D.P.S. Ac