TaxTMI 
TaxTMI 
2016 (12) TMI 1
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....ed persons with rigorous imprisonment for 10 years and six months each and fine of Rs. 1 lac each with default sentence of rigorous imprisonment for one year, the High Court in appeal has confirmed the verdict in toto by the decision impugned herein. (3) The prosecution case unfolds with the interception of the appellant and the co-accused Ranjit Singh by the patrol party on 28.08.2007 while they were travelling in a car bearing registration No.MH-04BS-1651 at the check point at Khanauri Patran. One Baaj Singh, apart from the police party was then present. The appellant and his companion, on being interrogated, disclosed their names. Their car on search revealed six bags stuffed with Poppy Husk. (4) The Investigation Officer, A.S.I. Satna....
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....Singh, PW-2/S.I. Jaswinder Singh, PW-3/M.H.C. Shamsher Singh, PW-4/A.S.I. Satnam Singh, PW-5/H.C. Darbara Singh and PW-6 Parminderpal Singh, who had participated in the entire drill. (7) All the incriminating circumstances were laid before the accused persons in course of their examination under Section 313 Cr.P.C. and they denied the correctness thereof and complained of false implication. (8) The Trial Court on a consideration of the evidence on record and after analysing the rival contentions held the charge to be proved and convicted and sentenced both the accused persons as above. The appellant unsuccessfully challenged the conviction and sentence before the High Court. (9) The learned counsel for the appellant has asserted that as ....
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....d had been communicated to the concerned police station and to the Ilaka Magistrate through the higher officer i.e., Deputy Superintendent of Police without any delay whatsoever. The sample with the stock of Poppy Husk was properly sealed and deposited with the malkhana immediately as per the procedure prescribed as well, he urged. The learned counsel further submitted that though in a way, compliance of Section 50 of the Act was inessential in the facts of the case, as the vehicle was searched which yielded the contraband, the Investigating Officer by way of abundant caution did adhere thereto as well. As the information with regard to the entire gamut of the investigation had been forwarded to the higher officer i.e. Deputy Superintendent....
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....ed parting with possession of any narcotic drug or psychotropic substance, or controlled substance or article or document, he may, instead of taking such person to the nearest Gazetted Officer or Magistrate, proceed to search the person as provided under section 100 of the Code of Criminal Procedure, 1973 (2 of 1974). (6) After a search is conducted under sub-section (5), the officer shall record the reasons for such belief which necessitated such search and within seventy-two hours send a copy thereof to his immediate official superior. 57. Report of arrest and seizure - Whenever any person makes any arrest or seizure under this Act, he shall, within forty-eight hours next after such arrest or seizure, make a full report of all the p....
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....tation of non-adherence of the requisites of Section 57 of the Act, suffice it to note that both the Courts below, on an analytical appreciation of the evidence on record have concurrently concluded that the Investigating Officer at the site, had after the arrest of the accused persons and or seizure of the contraband forwarded the information with regard thereto to his higher officer, namely, Deputy Superintendent of Police without any delay and that the related FIR with the necessary endorsements therein had reached the Ilaka Magistrate on the same date i.e. 28.08.2007 at 9 p.m. There is no evidence forthcoming or referred to by the learned counsel for the petitioner to either contradict or decimate this finding based on records. In this ....
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....t the most, it may affect the probative value of the evidence regarding arrest or search and in some cases, it may invalidate such arrest or search. That the non-compliance had caused prejudice to the accused persons and had resulted in failure of justice was necessary to be demonstrated, was emphasised. It was ruled that these provisions, which deal with the steps to be taken by the officers after making arrest or seizure under Section 41 and 44 are by themselves not mandatory and if there was non-compliance or any delay was involved with regard thereto, then it has to be examined, to ascertain as to whether any prejudice had been caused to the accused and further whether, such failure would have a bearing on the appreciation of evidence r....