Strict compliance with procedural requirements under the NDPS Act is essential for admissibility of evidence; minor discrepancies do not invalidate a conviction when substantial compliance is demonstrated.

COMMON JUDGEMENT

Since these criminal appeals are arising out of the same crime, these appeals are taken up for hearing together and disposed of by way of common judgment.

2.The appellants are said to have committed the offence under Sections 8 (c) r/w 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act') r/w Section 34 of IPC for the alleged possession of 240 kg of Ganja. The I Additional Special Court for NDPS Act Cases, Madurai convicted the appellants in Spl.C.C.No.264 of 2018 under Sections8(c) r/w 20(b)(ii) (C) of NDPS Act, 1985 r/w 34 of IPC by its judgment dated 29.09.2020 and sentencedthem to undergo 10 years Rigorous Imprisonment and pay afine of Rs.1,00,000/- each, indefault to undergo 1 year Rigorous Imprisonment each. Challenging the same, the appellants have filed these criminal appeals. The conviction and sentence are as follows:

3.Brief facts necessary for disposal of this appeal, are as follows:

According to the prosecution, the appellants have conspired together and illegaly transported Ganja in a Mahendra Jeep bearing registration No.AP-30-A-2616. On 25.03.2018, the Insepctor of Police/P.W.2 attached to the respondent unit received a secret information from the informant at about 10.00 am., and the same was reduced into writing in the Genral Diary/Ex.P6 and forwarded to the superior officer/P.W.3 and after obtaining necessary permission, she proceeded with her team to the occurrence place after complying the procedure under Section 42 of the NDPS Act. When P.W.2 and her team reached the occurrence place in Government Jeep bearing registration No.TN-22- G-294 at 02.00 pm., a Mahindra Jeep bearing registration No.AP-30- A-2616 heading from East to West direction was identified by the informant. The said Jeep was stopped by the police team and P.W.2 and her team introduced themselves to the appellants, who are the occupants of the said vehicle and about the information received by police. P.W.2 after complying the procedures under Section 50 of the NDPS Act 1985 by obtaining their consent letters under Ex.P1 and Ex.P2, made a search of the vehicle and found 8 white color gunny bags with ganja weighing about 30 kgs each totally 240 Kilograms of Ganja. The confession statement given by A1 was recorded by P.W.2. Thereafter, two samples of 50 grams each were taken, totally 16 samples were seperately collected in a polythene cover and wrapped up with kakki color paper. The said samples were marked as S1 to S16 and remaining contraband of 29.900 kgs of each bag and the said Mahindra jeep bearing registration No.AP-30-A-2616 were seized under Seizure Mahazar Ex.P3 in the presence of official witnesses P.W.1 and Head constrable Raja. Thereafter, accused Nos.1 and 2 were arrested and brought to the station and he registered the FIR/Ex.P7 in Crime No.45 of 2018 for the offences under Sections 8 (c) r/w 20(b)(ii)(C) of NDPS Act, 1985 r/w Section 34 of IPC and submitted a detailed report to P.W.3/Deputy Superintendent of Police under Section 57 of the NDPS Act. Thereafter, P.W.2 completed the investigation and filed the final report before the Special Court. The learned trial Judge had taken