SOMA Vs. STATE

JUDGEMENT

(1.) This appeal has impugned the judgment dated 19.01.2000 of the learned Additional Sessions Judge wherein the appellant Soma had been convicted under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) for having found to be in possession of 20 grams of smack and has been sentenced to undergo rigorous imprisonment for ten years and fine of Rs. One lac and in default of payment of fine, to further undergo simple imprisonment for two years. Benefit of Section 428 Cr.PC had been granted.

(2.) Record shows that on 30.04.2001, her sentence was suspended and she was admitted to bail. It was noted that there appeared to be some discrepancy in the marking of the sample; as per the investigating office, the sample seized was powder but when the property was produced in the Court, it was allegedly not so; it had also been noted that the convict had undergone imprisonment for three years and four months at the time when her sentence was suspended.

(3.) Learned amicus curiae has argued one single point; submission being that the notice under Section 50 of the NDPS Act is sacrosanct and must be adhered to on all counts; submission being that this is a salutary provision which has to be complied with; it being mandatory if there is any doubt cast upon the version of the prosecution, the entire trial would stand vitiated.