NABIN DAIMARI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 2.11.96 passed by the learned Special Judge, Darrang in Special Case No. (N) 22/94 arising out of G.R. Case No. 29/94 under Section 20(b)(1) of the N.D.P.S. Act convicting and sentencing both the appellants to undergo Rigorous Imprisonment for 2 years 6 months and to pay a fine of Rs. 100/- each, in default to undergo further Rigorous Imprisonment for one month each. Being aggrieved thereby, the appellants have preferred this appeal.

(2.) I have heard Mr. SC Biswas, learned counsel for the appellants and Mr. J Singh, learned Public Prosecutor.

(3.) During the course of argument Mr. Biswas, learned counsel pointed out that the investigation set in motion by the police officer stood vitiated for want of such powers under the NDPS Act. According to the learned counsel, there is no independent witness in the instant case to prove the prosecution case and the learned Special Judge relied upon the solitary statement of the police officer examined as P. W. 1 in rendering the verdict of guilt. Besides, it has been pointed out that the mandatory provisions of Section 50 have not been complied with in the instant case. In addition non-compliance of Section 41,42, 44, Section 52, Section 56, etc. have also been complained.