(1) A request was made on behalf of the appellant to adjourn this matter as the advocates have called for a strike today. But when we considered the stark reality that this appellant has been languishing in jail for a very long time we felt it our duty to look into the matter by ourselves and if there is no scope for interference with the conviction and sentence there would be necessity to hear an advocate appointed as amicus curiae to argue for the appellant. Having gone into the matter we found that the conviction and sentence imposed can be interfered with and, therefore, we feel further delay in disposing of the matter would be a violation of Article 21 of the Constitution. Hence, we proceed to dispose of this matter.

(2) THE appellant was convicted under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") for possession of five small plastic packets of brown sugar. While passing the sentence on him the trial court took into consideration an added factor that the appellant was already convicted under the same section in a different case and, therefore, he was asked to show cause why the enhanced sentence as contemplated under Section 31 of the Act should not be awarded to him. After hearing him the trial court imposed a sentence of rigorous imprisonment for 15 years and a fine of Rs 1,50,000 (in default of payment of fine he was directed to undergo simple imprisonment for a further period of 3 years). Thus, in all if he fails to pay the fine amount of Rs 1,50,000, he has to undergo imprisonment for a total period of 18 years. When he filed an appeal a learned Single Judge of the High Court of Kerala has confirmed the conviction and sentence and dismissed his appeal.

(3) WE appointed Mr K.K. Mehrotra, Advocate as amicus curiae but when the matter came up for hearing on 14-9-1999 the said amicus curiae did not turn up and hence we removed him and in his place appointed Mrs Sheil a Sethi, Advocate as amicus curiae. When the matter came up for arguments today, the amicus curiae appointed on the second occasion is also absent. Nobody appears for the State of Kerala. Considering the fact that this appellant has been languishing in jail for a long time, we considered it necessary to dispose of this appeal.

(4) THERE are two glaring infirmities. One is non-compliance with b Section 50 of the Act and the other is non-compliance with Section 42 of the Act.

(5) PUBLIC witness 1 was the Sub-Inspector of Police, who said that he got reliable information on the evening of 31-3-1991 that one man was selling brown sugar near the Sarada Mandiram Bus-stop. But Public witness I admitted in his crossexamination that he did not reduce the information into writing nor did he inform his superior officers about it and instead he opted to proceed to the place without doing the aforesaid duty.

(6) IT is a mandate of Section 42 of the Act that when an officer referred to in sub-section (1) thereof "has reason to believe from personal knowledge or information given by any person and taken down in writing" (emphasis supplied) that any narcotic drug or psychotropic substance is kept or concealed he may detain and search, and, if he thinks proper, arrest any person whom he has reason to believe to have committed any offence under the Act. The other requirement of law is that the officer who takes down the information in writing or records grounds for his belief shall forthwith send a copy thereof to his immediate official superior. A three-Judge Bench of this Court held in Abdul Rashid lbrahim Mansuri v. State of Gujarat that non-compliance with the requirements of Section 42(1) and (2) would render the resultant search and seizure suspect, though that by itself may not vitiate the proceedings.

(7) IN the present case, unfortunately, apart from the evidence of the police officers there is absolutely no independent evidence to ensure , confid