Compliance with search and seizure protocols under the NDPS Act is critical for the validity of convictions, with specific sections serving as benchmarks for legal adherence.

JUDGMENT

These two appeals are filed by accused Nos. 1 to 4 and accused No.5, challenging the conviction and sentence in S.C.No.209/2014 of the Additional Sessions Judge II, Mavelikara, for offences punishable under Sections 8 (c),22(c)

28 & 29 of the NDPS Act.

2. The allegation of the prosecution is that on 18/7/2012 at about 6 p.m.,PW1,the Excise Circle Inspector of Chengannur, got a secret information from one Ananda Raj, the Excise Guard, Mundakayam Range, that accused Nos.1 to 4 were likely to reach the KSRTC bus stand, Chengannur, on 19/7/2012 at about 5 a.m., carrying narcotic drugs. He further informed that he can identify the above persons and was willing to cooperate with search and seizure. Immediately, this was conveyed to the superior officer, the Assistant Excise Commissioner, and thereafter necessary arrangements were made for search. Next day, i.e.on 19/7/2012, PW1 reached the spot near the KSRTC bus stand, Chengannur, along with the party and the excise guard Ananda Raj. They found four persons standing in a circle near the bus stand and one among them taking out a blue socks from a plastic kit and showing the inside of it to the other three persons. Ananda Raj identified them as the four persons, who were carrying the contraband articles. When the excise party approached them, they scattered and ran to different places. All of them were apprehended. On opening the socks, it was found to contain drugs. The intention of PW1, to have a body search of them, was conveyed and informed them about their right to have the presence of the judicial magistrate or a gazetted officer at the time of search. As desired by them, PW2, the Circle Inspector of Police, Chengannur was brought to the scene by a written communication and in his presence search was conducted. From the MO5 socks taken out from MO4 plastic kit of the first accused, 46 ampules containing liquid and 30 broken ampules were recovered. The labels disclosed that they were buprenorphine, a narcotic drug. Rs.700/- was recovered from the first accused. A mobile phone and Rs.180/- were recovered from the second accused. Nothing was recovered from accused Nos.3 and 4. After sampling and preparation of the contemporaneous documents, accused were arrested. The crime was registered, investigation was completed and thereafter final report was laid by the investigating officer. In the meanwhile, it was found by the investigating officer that the contraband articles were supplied by the 5th accused who was also arrayed as an accused. All of them faced trial before the court below. On the side of the prosecution PWs 1 to P12 were examined and Exts.P1 to P41 were marked. MOs 1 to 5 were identified. On the side of the accused DW1 was examined.The trial court, on an evaluation of the entire materials, found all the accused guilty, convicted and sentenced them to undergo RI for ten years and to pay a fine of Rupees One Lakh each in default of which, to undergo RI for two and half years. This is under challenge in this appeal.

3. Heard both sides and examined the records.

4. Essentially the prosecution is relying on the oral testimony of PW1, the detecting officer, with corroboration from PWs 2, 3 and 4. They also seek corroboration from the contemporaneous documents which are Exts.P3 notice issued to PW2, Ext.P4 series of search lists, Ext.P5 seizure report, Ext.P10 series of arrest memos, Ext.P12 seizure mahazar, Exts.P12 and P13.

5. PW1 deposed that he was the Circle Inspector of Excise Department, Chengannur. He deposed that on 18/7/2012 at about 6 p.m. he got information from one Ananda Raj about the transportation of narcotic drugs by four of the accused. On getting this information, permission was sought from the superior officers and said Ananda Raj joined the squad on the same night itself. On 19/7/2012 at 4.30 a.m. they proceeded to KSRTC bus stand Chengannur. When they reached the spot, it was found that accused 1 to 4 were standing in a circle and the first accused