ARORA, J. - (1.) THIS appeal is directed against the judgment dated September 3, 1990, passed by the Additional Sessions Judge No. l, Hanumangarh (camp Sangaria,) by which the learned Additional Sessions Judge convicted the appellant under Section 8/15 of the Narcotic Drugs and Psychotropic Substances Act and sentenced him to undergo ten years rigorous imprisonment and a fine of Rs. 500/- and in default of payment of fine to further undergo two year's rigorous imprisonment.
(2.) THE appellant was tried by* the learned Additional Sessions Judge No. 1, Hanumangarh (camp Sangaria) for the offence under section 8/15 of the N. D. P. S. Act. THE case of the prosecution is that PW 6 Dalu Ram. A. S. P. Police, Police station Sangaria on April 26, 1987, alongwith H. C. Sant Ram, Constables Hari Ram, Mangal Singh, Durga Ram, Satya Narain, Bhot Ram, Ranveer Singh and Hanuman was sitting in abush near R. D. Head 36 of Sadul Branch of Rajasthan Canal. At about 4. 00 p. m. , the accused came there on a motor cycle and on a search, 6 kgs. of poppy-head powder was found in a bag which was tied on the motor cycle. Dalu Ram, after necessary investigation, presented the challan and the accused was tried by the learned Additional Sessions Judge No. , 1 Hanumangarh (camp Sangaria) for the offence under Section 8/15 of the N. D. P. S. Act. THE prosecution, in support of its case, examined PW 1 Karnail Singh, PW2 Sant Ram, PW 3 Lal Singh, PW 4 Jeewan Ram, PW 5 Yudhister Kumar and PW 6 Dalu Ram, A. S. I. THE learned Additional Sessions Judge, after trial, convicted and sentenced the accused-appellant as mentioned above. I have heard the learned counsel for the appellant and the learned Public Prosecutor. Number of grounds have been raised by the learned counsel for the appellant challenging the conviction and sentence passed against the accused-appellant by the learned Additional Sessions Judge No. l, Hanumangarh (camp Sangaria ). It is not necessary to deal with the other points as the appeal can be decided only on one point regarding the authorisation of the investigating officer. The case of the appellant is that the A. S. I. Dalu Ram, who seized the poppy-head powder and conducted the investigation, was not specially authorised as required under section 43 of the N. D. P. S. Act. The learned Public Prosecutor fairly conceded that PW 6 Dalu Ram was not specially authorised under Sections 42 or 43 of the Act. Under the Narcotic Drugs and Psychotropic Substances Act, only those persons, who have been authorised by the Central or the State Government to make a search and seize the articles in the public place or at the private place, can conduct the investigation and seize the articles or detain the accused. Unless and until a person is specially authorised under. Section 42 or 43 of the N. D. P. S. Act, he cannot conduct the investigation or seize the articles. As it is not disputed by the learned Public Prosecutor that A. S. I. Dalu Ram was not specially authorised under the Act to make the search or seize the material or to conduct the investigation at the relevant time by the Central or the State Government by any general or special order, therefore, he was not empowered to exercise the powers regarding the search and seizure under the Act. As the search was conducted by PW 6 Dalu Ram, A. S. I. Police, Police Station, Sangaria, who was not specially authorised by the Central or the State Government and, therefore, the investigation conducted by him is wholly without jurisdiction, which vitiates the whole trial. In the result, I allow this appeal; set aside the judgment dated September 3, 1990, passed by the Additional Sessions Judge No. l, Hanumangarh (camp Sangaria) and acquit the accused appellant of the offence under Section 8/15 of the Narcotic Drugs and Psychotropic Substances Act. The accused is in jail. He be released forthwith if he is not required in any other case. .;