(1.) THE appellant being aggrieved by the judgment dated 23-3-99 passed in Special Case (Narcotics) No. 61/98 by the Special Judge, Narcotics, Jagdalpur convicting the appellant under Section 20-B of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act'), sentencing the appellant to undergo three years and six months R. I. and pay fine of Rs. 5,000/-, has filed this appeal.
(2.) THE prosecution case in brief is that on 15-10-98 Station House Officer Satish Dwivedi of Police Station Nagarnar received an information that somebody was coming from Borgaon side with contraband Ganja. After recording the information and sending a copy of it to the senior officers, the said police officer proceeded towards the spot. The accused was seen coming on a bicycle; he was carrying two plastic bags filled with certain things. Said Satish Dwivedi as he says gave a notice under Section 50 of the Act; apprised the accused of his statutory right and after seeking no-objection from the accused, searched the accused. In the search, 17 kg. and 18 kg. Ganja was found in the said two bags. 100 grams sample was drawn from each bag and thereafter the samples and the remaining Ganja was separately sealed. After bringing the accused to the police station, the first information report was recorded on basis of Dehati Nalish recorded on the spot. Samples were sent for analytical examination to the Forensic Science Laboratory which were found to be contraband Ganja according to the laboratory report. After completing the investigation, the police filed challan against the accused. The Trial Court after recording the evidence and hearing the parties, convicted and sentenced the accused as referred to above.
(3.) SHRI Sharma, learned counsel for appellant submits that present is a case where the prosecution has failed to comply with the mandatory provisions of Section 50 of the Act, therefore, the accused is entitled to be acquitted.