Case Note & Summary
The appellant, Jagannath Jadhav, was convicted under Section 20(a)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985, by the Additional Sessions Court, Ambajogai, and sentenced to three years' rigorous imprisonment and a fine of Rs. 2,000. The prosecution alleged that on 7th September 2001, PSI P.H. Giri received secret information that the appellant had cultivated ganja plants in his field. The police team, along with panchas and a gazetted officer, visited the field, found 15 ganja plants weighing 1.6 kg, uprooted them, and seized them. The appellant was convicted based on this evidence. In appeal, the High Court examined the compliance with Section 42 of the NDPS Act, which requires that any information received by an officer be recorded in writing and a copy forwarded to the immediate superior officer. The court found that the prosecution did not produce any document showing that the information was recorded or forwarded. The panch witnesses turned hostile and did not support the seizure. The only witnesses were police personnel, whose testimony was not corroborated. The court held that the mandatory provisions of Section 42 were not complied with, rendering the search and seizure illegal. Consequently, the conviction was set aside, and the appellant was acquitted.
Headnote
A) Criminal Procedure - Narcotic Drugs - Section 42 of NDPS Act - Mandatory Compliance - The court considered whether the failure to record the secret information in writing and forward a copy to the immediate superior officer as required under Section 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985, renders the search and seizure illegal. Held that the provisions of Section 42 are mandatory and non-compliance vitiates the trial, entitling the accused to acquittal. (Paras 5-8) B) Evidence - Search and Seizure - Credibility of Witnesses - The court examined the testimony of panch witnesses and found that they did not support the prosecution case regarding the presence of the accused or the seizure. The independent witnesses turned hostile, and the only interested witnesses were police personnel. Held that the prosecution failed to prove the case beyond reasonable doubt. (Paras 6-7)
Issue of Consideration
Whether the non-compliance with the mandatory provisions of Section 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985, regarding recording of information and forwarding a copy to the superior officer, vitiates the trial and entitles the accused to acquittal.
Final Decision
Appeal allowed. Conviction set aside. Appellant acquitted of the offence under Section 20(a)(i) of NDPS Act. Fine, if paid, to be refunded.
Law Points
- Non-compliance with Section 42 of NDPS Act
- Recording of information
- Forwarding report to superior officer
- Mandatory provisions
- Illegal search and seizure
- Acquittal
