Compliance with Section 57 of the NDPS Act is not mandatory and does not invalidate proceedings.

JUDGMENT

This appeal is filed by the first accused challenging the conviction and sentence imposed on him by the learned Additional District Judge, Principal Special Court for EC & NDPS Act Cases, Madurai, in C.C.No.314 of 2019, dated 28.03.2025.

2. The case of the prosecution in brief is as under :-

(i) On 27.06.2019, at about 12.00 hours, P.W.2, the Sub Inspector of Police attached to Keerathurai Police Station, received a secret information from an informant. The said information was reduced in writing and was forwarded to the immediate superior officer, P.W.3, the Inspector of Police. Thereafter, the Sub-Inspector of Police proceeded to the spot mentioned by the informant along with his team. The informant identified the person, who was found to be in possession of 5kgs of ganja for the purpose of selling. He attempted to escape on seeing the police and the Sub Inspector of Police apprehended him and enquired. Thereafter, the police explained the right to be searched before the Gazetted Officer or the nearest Magistrate. Then, the search consent letter was prepared. Thereafter, search was conducted in two wheeler bearing Registration No.TN-64-B-8619 FZS and 5 kgs of ganja was seized and thereby, the first accused committed the offence under Section 8(c) r/w 20(b)(ii)(B), 25 and 29(1) of NDPS Act . Thereafter, after preparing the seizure mahazar, the first accused was arrested and FIR was registered. Then, samples of each 50 grams was taken and packed in a cover, affixing SHO seal. The balance 4.900 kgms of ganja was packed in a white colour bag affixing SHO seal and the packets were signed by the witnesses.

(ii) Then, the first accused gave confession statement and the same was recorded in the presence of witnesses. On the confession of the first accused, the second accused was arrayed as accused in this case. The contraband recovered from the accused was sent for chemical analysis and chemical report was received. Thereafter, on 29.07.2019, the second accused, namely Saba @ Sabarathinam surrendered before the learned Judicial MagistrateNo.IV Court, Madurai, in Cr.No.396 of 2018 remanded into Judicial custody in Coimbatore Central Prison.

(iii)After completion of investigation, on 03.08.2019, a charge sheet was filed. Based on the materials, the Special Court for EC and NDPS Act Cases, Madurai, framed the charges against the accused for the offence under Section 8(c) r/w 20(b)(ii)(B), 25 and 29(1) of NDPS Act . The accused pleaded not guilty and claimed to be tried.

(iv) In order to bring home the guilty of both accused, the prosecution has examined 3 witnesses as P.W.1 to P.W.3 and marked 13 exhibits as Ex.P.1 to Ex.P.13. Three Material Objects were marked as M.O.1 to M.O.3.

On behalf of the accused, no oral and documentary evidence was let-in.

(v) After considering the oral and documentary evidence, the learned Principal Additional District Judge, Special Court for EC and NDPS Act Cases, Madurai, rendered the judgment acquitting the second accused on all the charges levelled against him. So far as the appellant/first accused is concerned, it is held that the prosecution has proved the guilt against the first accused under Section 8(c) r/w 20(b)(ii)(B), 25 and 29(1) of NDPS Act , beyond all reasonable doubt. After hearing the first accused under Section 248(2) Cr.P.C, sentence was imposed on him to undergo Rigorous Imprisonment for two years and to pay a fine of Rs.10,000/-, in default to undergo six months Simple Imprisonment for each of the offence.

Aggrieved over the same, the first accused has preferred the present appeal.

4. The learned counsel appearing on behalf of the appellant/first accused mainly argued on the following points:

(i) Two samples of contraband, which were taken for analysis, did not contain the seal o