REPORTABLE  

       IN THE SUPREME COURT OF INDIA     CRIMINAL APPELLATE JURISDICTION

CRIMINAL  APPEAL No. 859  OF 2004                    

   State of Rajasthan ...   Appellant(s)                         Versus    Babu Lal ...  Respondent(s)

J U D G M E N T

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.  

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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.

              ...................J.                                  (Dr. ARIJIT PASAYAT)   

             ....................J.                          ((ASOK KUMAR GANGULY)

            New Delhi, April 21, 2009.