Judgment :-

Altamas Kabir, J.

The petitioner was convicted for an offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act') and was sentenced to undergo rigorous imprisonment for a period of 12 years and to pay a fine of Rs. One lakh and in default of payment of the same to undergo further rigorous imprisonment for a period of three years. The allegation against the petitioner that he had been found in possession of six bags each containing 32 kilograms of Poppy Husk without any permit or licence, was found to have been proved by the Trial Court as well as the High Court. In order to appreciate the submissions made by Mr. R.K. Talwar, learned counsel appearing for the petitioner, it is necessary to set out the facts of the case in brief.

2. On 2nd December, 1995, Gian Singh, Inspector, along with other Police officers, was on patrol duty at the turning of Bhawani Khera on the Thanesar-Jhansa Road. He received a secret information that the petitioner herein, a resident of Singpura, was selling Poppy Husk in his house and the same could be recovered in case a raid was conducted. In the meantime, one Sukhdev Singh son of Sampuran Singh, reached the spot and he was also joined with the Police party as an independent witness. The police party thereafter raided the house of the petitioner, who was present, and on being interrogated he disclosed that he had concealed six bags in a locked room under the wheat chaff and that the key was with him. The disclosure statement made by the petitioner was reduced into writing and the thumb impression of the petitioner was affixed thereupon and attested by witnesses. Thereafter, Gian Singh sent a wireless message to the Deputy Superintendent of Police, Kurukshetra, who rushed to the spot and in his presence the petitioner led the police party to the room in question and opened the lock with a key which was in his possession and from the said room six bags, each containing 32 kilograms of Poppy Husk, were recovered from underneath the wheat chaff kept in the room. Thereafter, as required, samples were taken out from the seized contraband and the remaining Poppy Husk was sealed and taken into possession vide a separate recovery memo and attested by the witnesses and the same was sent to the Police Station along with the Ruqa on the basis whereof the First Information Report (Exh.PB/1) was registered. A site plan was also prepared and statements were duly recorded. After completion of investigation challan was duly filed before the Special Court, Kurukshetra. Charge was framed against the petitioner under Section 15 of the NDPS Act, to which he pleaded not guilty and claimed to be tried. On the evidence adduced by the prosecution, the petitioner was found guilty of the charged offence and was convicted and sentenced in the manner indicated hereinbefore.

3. Aggrieved by the judgment of conviction and sentence, the petitioner preferred the appeal before the High Court, being Criminal Appeal No. 107-DB of 2000, which was partly allowed to the extent that the sentence of imprisonment was reduced from 12 years to 10 years. The rest of the judgment of the Trial Court was not disturbed.

4. Mr. R.K. Talwar, learned Advocate, appearing for the petitioner, assailed the judgments both of the Trial Court as well as the High Court, mainly on two grounds. He urged that the prosecution case stood vitiated on account of non-compliance of the provisions of Sections 42 and 57 of the NDPS Act. He submitted that, as has been held in various decisions, the provisions of Section 42 of the NDPS Act are mandatory and any failure by the investigating agency to comply with the same would vitiate the investigation and also the trial on the basis of such investigation. In that regard Mr. Talwar referred to the decision of this Court in Directorate of Revenue and another vs. Mohammed Nisar Holia [(2008) 2 SCC 370] in which it was, inter alia, hel