CENTRAL BUREAU OF NARCOTICS Vs. DHANNA

JUDGEMENT

(1.) THIS Judgment shall govern the disposal of aforesaid appeals arising out of the same incident. The appellant/Central Bureau of Narcotics have directed the aforesaid appeals against the judgments of acquittal recorded by the trial Court thereby acquitting the respective accused -respondents, of the offence punishable under section 8 readwith section 18 of NDPS Act. On perusal of the impugned judgments of the respective cases, it is found that in all the cases the acquittal was recorded mainly on the ground of non -compliance of the mandatory provision of section 42 and section 57 of the NDPS Act.

(2.) THE learned counsel for the appellant Shri Desai submitted that the information through the "Mukhabir" with regard to possessing Opium by the respective accused persons was received by the Sub -Inspector of the Narcotics Bureau, Neemuch. On receiving the said information in presence of the Deputy Commissioner of the Narcotics Department a search and seizer was made and different quantity of Opium was seized from the possession of the respective accused persons. As the Deputy Commissioner of Narcotics Bureau has accompanied, the party holding search and seizer, obtaining of search warrant was not necessary. He also submitted that as the superior officer of Narcotics Bureau himself accompanied the search party the non -compliance of section 42 NDPS Act does not arise and the trial Court has committed error in aquitting the accused persons on the ground of non -compliance of section 42 of NDPS Act.

(3.) THE law is well settled on the point that compliance of section 42 of the Act is mandatory and the non -compliance of the mandatory provisions vitiates the investigation as also the trial based on such information and the accused deserves acquittal of the charges levelled against them. In all the three appeals under consideration the judgments impugned of the trial Court are based on appreciation of the evidence available on record and proper application of the provisions of the alleged Act. The impugned judgments of acquittal are well founded requiring no interference in all the three appeals under consideration. Consequently, all in three criminal appeals No. 492 of 1994, No. 491 of 1994 and No. 735 of 1994 filed on behalf of the appellant - Department are without any merit and substance and deserves to be dismissed. The three appeals indicated above are accordingly, dismissed, upholding the judgments of acquittal as recorded by the trial Court. Accused Arjunsingh and Baburam of Criminal Appeal No. 735 of 1994 are on bail and recording their presence before this Court. The personal bonds and the bail bonds furnished on behalf of the aforesaid accused -respondents stands discharged and their further presence before this Court is not necessary. Copy of this order be placed on the records of Criminal Appeals No. 492 of 1994 and No. 735 of 1.994.