Appellant acquitted due to lack of proof. Legal violations and procedural errors led to reversal.

The court acquitted the appellant due to the NCB's failure to prove guilt beyond a reasonable doubt. Non-compliance with legal provisions, contradictions in evidence, and procedural lapses led to the acquittal. The court set aside the judgments of conviction and sentence, ordering the immediate release of the appellants.

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Issues Involved:
1. Legality of filing a supplementary complaint.
2. Compliance with Section 42 of the NDPS Act.
3. Non-joining of independent witnesses.
4. Contradictions and discrepancies in the prosecution's case.
5. Real culprits being let off.
6. Non-interrogation of the appellant.
7. Validity of the FSL report and its connection with the alleged contraband.

Issue-wise Detailed Analysis:

1. Legality of Filing a Supplementary Complaint:
The court examined whether a supplementary complaint could be filed without the leave of the court. It was noted that there is no unanimity of judicial opinion on this matter. The court referred to various judgments, including those from the Bombay, Karnataka, Delhi, and Punjab & Haryana High Courts, which generally held that a supplementary complaint is not permissible without invoking Section 319 of the Criminal Procedure Code (CrPC). However, the Jharkhand and Calcutta High Courts allowed supplementary complaints under specific circumstances. The court concluded that a supplementary complaint is legally maintainable if filed with the express leave of the court, similar to a supplementary charge-sheet in a police case. However, since the NCB did not obtain permission for further investigation or for filing the supplementary complaint, the trial based on such a complaint was vitiated against Khekh Ram, leading to his acquittal.

2. Compliance with Section 42 of the NDPS Act:
The court scrutinized whether the NCB officials complied with Section 42 of the NDPS Act, which mandates that any information received must be taken down in writing and communicated to the superior officer within 72 hours. The court found discrepancies in the dates and times mentioned in the documents and statements, indicating non-compliance. The information was allegedly received on 20.10.2014 but was documented on 22.10.2014. The court emphasized the mandatory nature of Section 42, citing judgments from the Supreme Court, and concluded that non-compliance vitiates the trial.

3. Non-joining of Independent Witnesses:
The court noted that despite the availability of independent witnesses, the NCB did not associate any during the search and seizure operations. The court emphasized that non-association of independent witnesses, especially when they were available, casts serious doubt on the NCB's story. The court referred to testimonies indicating the presence of local inhabitants who could have been witnesses but were not included.

4. Contradictions and Discrepancies in the Prosecution's Case:
The court identified several contradictions and discrepancies in the NCB's case. These included inconsistencies in the dates and times of the recovery memo, tampering with documents, and differences in the seals used on the contraband samples. The court found that these contradictions undermined the credibility of the NCB's case and suggested fabrication of documents.

5. Real Culprits Being Let Off:
The court observed that the NCB's own investigation pointed to other individuals, such as Ram Lal alias Lalu, Mohar Singh, and Amri Lal, as the main suppliers of the contraband. However, no proceedings were initiated against them under Sections 80 and 82 of the CrPC. The court found this omission significant, particularly in light of allegations of money transactions to let off the real culprits, which were admitted by the investigating officers.

6. Non-interrogation of the Appellant:
The court noted that the appellant was sent to judicial custody on the same day of his arrest without any efforts by the NCB to interrogate him on vital aspects of the case. This lack of interrogation raised further doubts about the thoroughness and integrity of the investigation.

7. Validity of the FSL Report and Its Connection with the Alleged Contraband:
The court found that only four samples of 25 grams each were sent for analysis, despite the alleged recovery of 19.780 kilograms of charas. The court cited the Supreme Court's judgment in Gaunter Edwin Kircher vs. State of Goa, which held that the entire bulk must be analyzed to confirm its nature. Consequently, the court could only consider the recovery of 100 grams of charas, which would warrant a maximum sentence of one year, a period already served by the appellants.

Conclusion:
The court concluded that the NCB failed to prove the guilt of the accused beyond a reasonable doubt due to non-compliance with mandatory legal provisions, contradictions in the evidence, and procedural lapses. Consequently, the impugned judgments of conviction and sentence were set aside, and the appellants were acquitted and ordered to be released forthwith.

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