Dr.ARIJIT PASAYAT,J.
Challenge in this appeal is to the judgment of acquittal passed by a
learned Single Judge of the Rajasthan High Court, Jodhpur Bench. The respondent
was convicted for offence punishable under Section 8/21 of the Narcotics Drugs and
Psychotropic Substances Act, 1985 (hereinafter refeerred to as 'the Act'). The
respondent was found in possession of a huge quantity of Brown Sugar and the Trial
Court held that all the requisite procedure was followed and, therefore, according to
the Trial Court, the prosecution version was established. The High Court found that
there was non-compliance with the requirement of Section 42(2) of the Act.
Various factual aspects have been highlighted by the High Court to come to this
conclusion.
Learned counsel for the State submitted that some minor variations, if
any, in not following the the procedure would not render the conviction bad. The
learned counsel for the respondent on the other hand supported the judgment of the
High Court.
We find that the High Court after referring to the various factual aspects
came to the conclusion that provisions of Section 42(2) were not complied with. The
documents required to prove the receipt of oral information were not brought on
record. That being so, we are not inclined to interfere with the judgment of the High
Court. The appeal fails and it is dismissed accordingly.
New Delhi, April 21, 2009.