Compliance with procedural requirements under the NDPS Act, specifically Sections 42 and 57, is essential for a valid conviction, with substantial compliance deemed sufficient to uphold the prosecution's case.

JUDGEMENT

The appellant who is the sole accused in C.C.No.366 of 2018 on the file of the Principal Special Court for E.C and NDPS Act Cases, Madurai, has filed this appeal before this Court challenging the following conviction and sentence imposed by the trial Court vide impugned judgment dated 23.10.2019:

2.The appellant is said to have committed the offence under Sections 8(c) r/w 20(b)(ii)(C) and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act') for the alleged possession of 140 kg of Ganja. The Principal Special Court for NDPS Act Cases, Madurai, convicted the appellant in C.C.No. 366 of 2018 under Sections 8(c) r/w 20(b)(ii)(C) of NDPS Act, 1985 as stated above. Challenging the same, the appellant has filed this criminal appeal.

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

According to the prosecution, the appellant illegaly transported Ganja in a Car bearing registration No.AP-10-TV-2470. On 19.05.2018, The Deputy Superintendent of Police/P.W.2 attached to the respondent unit received a secret information from the informant at about 06.30 hours., and the same was reduced into writing in the Genral Diary/Ex.P6 and forwarded to the higher official/P.W.3, and after obtaining necessary permission, he proceeded with his team to the occurrence place; along with the necessary equipments, after complying with the procedure under Section 42 of the NDPS Act, 1985 . When P.W.2 and his team reached the occurrence place and involved in vehilce check up near Madhurapuri Electricity Sub Station on Periyakulam-Theni Main Road, the informer identified the Toyoto Etiyos car bearing Registration No.AP-10- TV-2470. The said car was stopped by the police team and P.W.2 introduced himself to the appellant and came to know that the accused/appellant did not know Tamil and his mother tongue was Telegu. Therefore, P.W.2 asked P.W.1 to translate who is conversant with Telegu. Thereafter, P.W.1 explained to the accused about his entitlement to be searched in the presence of the Gazetted Officer or a Judicial Magistrate. P.W.2 after complying the procedures under Section 50 of the NDPS Act 1985 by obtaining his consent letter under Ex.P1, made a search of the vehicle and found 4 gunny bags with the contraband weighing of 25 kgs each on the back seat of the car and two gunny bags with the contraband weighing of 20 Kgs each on the back seat of the car totally 140 Kilograms of Ganja. The confession statement given by the accused was recorded by P.W.2. Thereafter, two samples of 25 grams each were taken, totally 12 samples were seperately collected. The said samples were marked as S1 to S12and remaining contraband and the said Toyota Etiyos car bearing registration No.AP-10-TV-2470 were seized in the presence of official witnesses. Thereafter, the accused was arrested and brought to the station and he registered a FIR/Ex.P8 in Crime No.76 of 2018 for the offences under Sections 8(c) r/w 20(b)(ii)(C) and 25 of NDPS Act, 1985 and submitted a detailed report to P.W.3 under Section 57 of the NDPS Act. Thereafter, P.W.3 took up the case for further investigation and completed the investigation and filed the final report before the Special Court. The learned trial Judge had taken cognizance of the case in C.C.No.366 of 2018.

3.1.After appearance of the accused, copies of records were furnished to him under Section 207 Cr.P.C. The learned Trial Judge, on perusal of records and on hear