“3. That on a bare perusal of the said Judgment and Order, it is manifest that the Learned Special Judge acquitted the Respondents mainly on the grounds mentioned here in below:- (a) the information received was not written down as required under Section 42 of the NDPS Act as well as the information was not given to the superior officer, (b) PW No.6, the Sub-Inspector of Goalpara PS had no authority to search and seize the substances, (c) Independent witnesses were not called before the operation and that the fact of recovery was not corroborated by any independent witnesses, (d) No inventory was prepared after the seizure as required under the law, (e) the information that substance were stored in the pharmacy was also not written down as required under Section 42 of the NDPS Act, (f) witnesses had not seen the contents which were there in the packets seized from within the pharmacy, (g) the seized drugs were not sealed and packed in the manner prescribed under the Act and the Rules, (h) the samples were also not drawn properly and neither the drugs were kept in proper custody. There are the principle grounds on which, the Learned special Judge acquitted the Respondents.”
