The failure to comply with the provisions of N.D.P.S. Act regarding the sealing of seized articles is fatal to the prosecution's case, entitling the accused to the benefit of doubt.

Hemant Kumar Srivastava, J.--The above stated sole appellant was convicted by the IVth Additional Sessions Judge-cum-Special Judge. Sitamarhi in N.D.P.S Trial No. 23 of 2000/08 of 2001 for the offence punishable under Section 20 of N.D.P.S. Act and sentenced to undergo rigorous imprisonment for four years and also rupees five thousand was imposed upon him as fine and in default of payment of fine, he was ordered to undergo rigorous imprisonment for six months by the judgment of conviction and sentence order dated 10.05.2001.

2. The brief fact giving rise to file this criminal appeal is that PW 5, Atnu Dutta, the then officer in charge of Sursand Police Station recorded his self statement on 10.10.1999 at 07:55 a.m. to this effect that on the same day at about 07:00 a.m. he got confidential information that an smuggler was carrying ganja from Nepal and was going to Sitamarhi by bus. He entered the aforesaid confidential information as Sanha No. 169 and along with chowkidar 2/3, Laxmi Paswan and chowkidar 2/16, Rajeshwar Rout reached at Sursand Chowk. He further stated in his self statement that while he was waiting at Sursand Chowk, at about 07:35 a.m. Ruby Bus bearing registration No. BPK 267 came from Bhitha More and reached at Sursand chowk. He along with other police officials boarded in the aforesaid bus and noticed that in the middle of the aforesaid bus one person was sitting having an attaichi in his hand and he was very perplexed. He went there and asked his name upon which he disclosed his name as Ram Prakash Giri and when he enquired about the articles kept in the aforesaid attaichi, the aforesaid person did not give any satisfactory answer and after that in presence of two independent witnesses he searched the aforesaid attaichi and recovered 10 kg. ganja worth rupees fifty thousand kept in two separate plastic packets. The aforesaid person did not give any documents relating to the aforesaid ganja and disclosed that the aforesaid ganja was being carried by him from Nepal. He seized the aforesaid ganja in presence of independent witnesses and handed over the copy of the aforesaid seizure list to apprehended person.

3. On the basis of aforesaid written report, Sursand P.S. Case No. 156 of 1999 under Sections 22/23 of N.D.P.S. Act was registered and accordingly, formal first information report was drawn up against the appellant. The matter was investigated by the Investigating Officer and after completion of investigation, charge-sheet for the offences punishable under Sections 22/23 of N.D.P.S. Act was submitted against the appellant. The cognizance of the offences was taken and subsequently the appellant was put on trial and accordingly, he was charged for the offence punishable under Section 20 of N.D.P.S. Act to which he denied and claimed to be tried.

4. In course of trial, altogether, seven prosecution witnesses were examined and prosecution also got exhibited signature of PW 2 on seizure list as Exhibit-1, signature of PW 3 on seizure list as Exhibit 1/1 , seizure list as Exhibit-2, self recorded statement of PW 5 as Exhibit-3 and report of excise chemical examiner as Exhibit-4. The statement of appellant was recorded under Section 313 of the Cr PC in which he reiterated his innocence and, specifically, stated that while he was returning from relative of his father he was caught by the police. One defence witness was also examined on behalf of the appellant.

5. Learned trial Court having relied upon the testimony of prosecution witnesses coupled with documentary evidences available on the record passed the impugned judgment of conviction and sentence order in the manner as stated above.

6. Learned counsel appearing for the appellant challenged the impugned judgment of conviction and sentence order arguing that the mandatory provisions of N.D.P.S. Act were not complied with in the instant case and the seized article was not sealed in accordance with the provision of N.D.P.S. Act and furthermore, neither