STATE OF RAJASTHAN Vs. JAINUDEEN SHEKH AND ORS.

JUDGEMENT

(1.) The pivotal issue that emanates for consideration in this appeal, by special leave, is whether the learned Special Judge was justified in granting compensation of an amount of Rs.1,50,000/- to each of the respondents who had been arraigned as accused for the offences punishable under Sections 8/21(B) and 8/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, "the NDPS Act") on the foundation that there was delay in obtaining the report from the Forensic Science Laboratory and further the test showed that the seized items did not contain any contraband article and, therefore, they had suffered illegal custody, and whether the High Court has correctly appreciated the fact situation to affirm the view expressed by the learned trial Judge by opining that the grant of compensation is not erroneous.

(2.) The facts which are necessary to be stated for adjudication of the limited issue are that on 02.11.2011, PW-5 Nemichand, SHO, PS Bhimganj along with PW4, Umrao, Constable and PW6, Om Prakash, Head Constable while carrying on patrolling duty, noticed the two accused persons together and seeing the police vehicle, accused Jainuddin speedily moved towards the kachcha passage near Mangal Pandey circle and on a query being made, he could not give any satisfactory reply. The accused was searched in presence of other persons and during the search a polythene bag allegedly containing intoxicant material was found in the back pocket pant of the accused-respondent no.1 but he had no licence for it. The polythene bag weighed 31 gram 170 milligrams. The police prepared two samples of alleged smack weighing 5 grams each and the remaining was kept in the polythene bag and sealed. Thereafter the accused-respondent no. 1 was arrested at the spot and seizure memo was prepared. At that time accused Shabbir was also taken into custody. Thereafter, an FIR was registered and after investigation, charge sheet was filed under Section 8/21(B) of the NDPS Act against the accused-respondent no.1 and under Section 8/29 of the NDPS Act against the accused Shabbir.

(3.) The accused persons denied the charges and stated in their statement under Section 313 CrPC that they had