The judgment established the legality of search and seizure by the Paramilitary Forces at a public place under S. 43 of the NDPS Act, emphasizing the authority to seize psychotropic substances.

Chandramauli Kr.Prasad and Rekha Kumari JJ.

1. Sole appellant Madho Das was put on trial for the charges u/s. 20 and 23 of the Narcotic Drugs and Psychotropic Substances Act. The 1st Additional Sessions Judge, Sitamarhi, by judgment dated 17.9.2004 and order dated 28.9.2004, held him guilty u/s. 20 (b) (ii) (c) and 23 (c) of the Narcotic Drugs and Psychotropic Substances Act, hereinafter referred to as the N.D.P.S. Act and sentenced him to undergo rigorous imprisonment for 15 years and to pay a fine of Rs. 1,50,000.00, and in default of payment of fine, to undergo rigorous imprisonment of 3 years under both the counts. Aggrieved by the same, he has preferred this appeal.

2. Prosecution started on the basis of a written report given by P.W. 1 Parmatma Singh before the Officer Incharge of Basbitta Out Post on 19.12.2001. According to the report, on 19.12.2001 at 1 P.M. while informant Parmatma Singh, Head Constable of the Special Service Burueau (hereinafter referred to as Bureau) was on patrolling duty along with other members of the Force at Indo-Nepal Border at Pillar No. 48, he saw a person going towards the territory of Nepal from Indian territory, having a black bag. He attempted to flee away but apprehended and the villagers identified him as Madho Das, the appellant herein. On search, from his bag, 1072 ampules of Tidigesic 2 ml, 120 tablets of nitroson-10, Rs. 3001 Nepali Currency and Re. 1 Indian Currency besides syringe and disposable needles were found. Appellant did not produce any paper justifying the possession of the recovered articles. He disclosed that he is involved in smuggling of medicines since last 10 years. He had purchased the aforesaid medicines from the shop of one Wakil Mian and was going to Nepal. Appellant disclosed that he was doing business through Raxaul and Birganj, the border town between India and Nepal, but due to vigilance checking, he changed his route. According to the report, the aforesaid psychotropic medicines were recovered in presence of two witnesses. The aforesaid written report of Parmatma Singh was forwarded to the Officer-in-Charge of Majorganj Police Station and on that basis, Majorganj P.S. Case No. 87 of 2001 was registered under Ss. 21 and 23 of the N.D.P.S. Act.

3. Police, after usual investigation, submitted charge sheet against the appellant and ultimately, he was charged for the offence of possessing and transporting the narcotic drugs from India to Nepal punishable under Ss. 20 and 23 of the N.D.P.S. Act. Appellant pleaded not guilty and claimed to be tried.

4. Prosecution, in order to bring home the charge, has examined ten witnesses. One Arun Kumar, a Drug Inspector was examined as C.W. 1.

5. P.W. 1 Parmatma Singh, at the relevant time, was Head Constable, whereas P.W. 2 Mahendra Singh, P.W. 3 Balbeer Choudhary, P.W. 4 Manfool Ram, P.W. 5 Satnam Singh and P.W. 6 Saimal Singh are the constables in the aforesaid Bureau. P.W. 7 Jodh Singh Chandel is Nayak of the said Bureau. P.W. 8 Jitendra Prasad and P.W. 9 Sudhir Kumar Singh are witnesses to the seizure list, but have been declared hostile. P.W. 10 Bipat Paswan is S.I. of Police and at the relevant time was posted as officer Incharge of Basbitta Out Post and had investigated the case.

6. Prosecution has also brought on record as exhibits the written report (Ext. 1), Seizure List (Ext. 2), signatures of Jitendra Prasad (P.W. 8) and Sudhir Kumar Singh (P.W. 9) in the Seizure List (Exts. 3 and 3/1) and Forwarding Report (Ext. 4). The defence of the appellant is denial simplicitor and had pleaded false implication.

7. P.W. 1 Parmatma Singh, at the relevant time, was posted as the Head Constable of the Bureau and was on patrolling duty along with other constables of the said Bureau. He found one person having black bag going towards Nepal from India. Seeing them, according to this witness, appellant tried to flee away, but on chase, he was apprehended. The villagers assembled at the spot identified him as Madho Das,