JUDGMENT

1. The appellant has preferred this appeal against judgment dated 15.3.2023 passed by the Special Judge (N.D.P.S. Act), Mandla in Special Case No.SC NDPS 15/2018, whereby the appellant was convicted for the offence punishable under sections 8(C)/20(B)(ii)(B) of the Narcotic Drugs & Psychotropic Substance Act, 1985 (hereinafter referred to as 'the N.D.P.S. Act') and sentenced for four years' R.I. with fine of Rs.15,000/-. In default of payment of fine, he was directed to undergo for six months R.I. in addition.

2. As per prosecution case, police received an information on 10. 9.2018 that a silver Maruti Swift Car without any number is going from Chilphi to Motinala in which three boys are travelling and they may have contraband article Ganja. Information was entered in the Roznamchasanah No.36. Independent seizure witnesses were called and electronic weighing machine was taken and Panch were informed about information and they went to spot for intercepting the vehicle. There was chance that accused persons may escape, therefore, search warrant was not obtained and Panchanma regarding same was prepared. Police intercepted the vehicle and found three persons in the car. They were given notice under section 50 of the NDPS Act and after taking their consent, vehicle was searched. Panchnama was prepared and search was done. From joint possession of appellant along with other accused persons, one bag was recovered from trunk of car. Packet was opened and same was found to be Ganja. Accused persons does not have any licence to transport Ganja. On weighing, total 4.965 kgs. of Ganja was found. Homogenous mixtures was made and two samples were drawn weighing 100-100 gms. Remaining Ganja and samples were sealed and Maruti Car, mobile and debit card were seized and they were arrested. Contraband Ganja was forwarded to Police Station and handed over to In-charge Head Constable. Head Constable put a second seal on the contraband. Samples were sent to the State Forensic Science Laboratory, Sagar for examination. As per report, contraband substance was found to be Ganja.

3. Appellant pleaded not guilty before the trial Court and was tried for committing offences mentioned above. Trial Court after recording the prosecution witnesses framed the charges against appellant and he was convicted and sentenced as mentioned above.

4. Learned counsel appearing for appellant raised s singular ground in appeal that that there is non-compliance of Provision of section 52-A of the NDPS Act. It is submitted that said Provisions were not followed. He placed reliance upon judgment passed by the Apex Court in case of Simranjit Singh v. State of Punjab passed in S.L.P. (Crl.) No.1958 of 2023. The relevant paragraphs of said judgment are quoted as under :--

8. In paragraphs 15 to 17 of the decision of this Court in Mohanlal's case, it was held thus :

“15. It is manifest from section 52-A(2)include (supra), that upon seizure of the contraband the same has to be forwarded either to the officer in-charge of the nearest police station or to the officer empowered under section 53 who shall prepare an inventory as stipulated in the said provision and make an application to the Magistrate for purposes of (a) certifying the correctness of the inventory, (b) certifying photographs of such drugs or substances taken before the Magistrate as true, and (c) to draw representative samples in the presence of the Magistrate and certifying the correctness of the list of samples so drawn.

16. Sub-section (3) of section 52-A requires that the Magistrate shall as soon as may be allow the application. This implies that no sooner the seizure is effected and the contraband forwarded to the officer-in-charge of the police station or the officer empowered, the officer concerned is in law duty-bound to approach the Magistrate for the purposes mentioned above including grant of permission to draw representative samples in his presence, which samples will then be enlisted and