The main legal point established in the judgment is the requirement for the prosecution to prove the accused's conscious and exclusive possession of seized substances. The judgment also emphasizes the importance of following prescribed procedures for sealing and preserving seized materials to maintain the integrity of the evidence.

I.A. Ansari, J.

These appeals have put to challenge the judgment, dated 07.09.2007, passed, in G.O. Case No. 05 of 2005, by the learned 1st Additional Sessions Judge-cum-Special Judge, Darbhanga, whereby the accused-appellants, namely, Tamanna Khan, Chanda Khatoon and Zarina Khatoon, stand convicted under Sections 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'NDPS Act') and Section 47 (c) of the Bihar Excise Act, 1915. In consequence of their conviction under Section 20 of the NDPS Act, the accused-appellant, namely, Zarina Khatoon, stands, under the order dated 12.09.2007, sentenced to suffer rigorous imprisonment for a period of seven years and pay fine of Rs. 25,000/- (twenty five thousand) and, in default of payment of fine, undergo simple imprisonment for six months. For their conviction under Section 20 of the NDPS Act, the two other accused-appellants, namely, Tamanna Khan and Chanda Khatoon, stand, under the order, dated 12.09.2007, aforementioned, sentenced to suffer rigorous imprisonment for a period of fifteen years and pay fine of Rs.1,00,000/ - (one lakh) each and, in default of payment of fine, undergo simple imprisonment for one year. However, no separate sentence was passed for the conviction of the three accused-appellants under Section 47(c) of the Bihar Excise Act. 1915.

2. The ease of the prosecution, as unfolded at the trial, may, in brief, be described as under:

(i) On 06.06.2005, at 05:15 a.m., PW 3, Officer-in-Charge, Sadar Police Station, Darbhanga, received information from confidential source that accused Zarina Khatoon sells ganja (cannabis) from her house. This information was recorded in the station diary by Entry No. 112, dated 06.06.2005. Having organized a raiding party, consisting of PW 4, Assistant Sub-Inspector of Police, PW 5, PW 6, PW 7 and PW 8, Homeguard Constables, and PW 9, Assistant Sub-Inspector of Police, PW 3 went to the house of accused Zarina Khatoon and. having found ganja (cannabis), there, the same was weighed and seized, vide seizure 'memo (Exhibit-1), in presence of, amongst others, PW 1 and PW 2, namely, Jitu Kumar Paswan and Sitaram Sharma, respectively, who are not neighbours of Zarina Khatoon, but persons living in nearby area, by, the weight of ganja, so found and seized, being 11.5 kgs. On interrogation, accused Zarina Khatoon made a confessional statement (Exhibit 4) disclosing therein names of three other accused persons, namely, Tamanna Khan, Chanda Khatoon and Satto Ram, as persons involved in the purchase and sale of ganja (cannabis).

(ii) Based on the information, so derived, PW 4, Assistant Sub-Inspector of Police, posted at Sadar Police Station, Darbhanga, raided, with the help of his raiding party, the house of accused Tamanna Khan and his wife, accused Chanda Khatoon, and recovered and seized, in presence of witnesses, 36 kgs. of ganja by seizure memo (Exhibit-2). Even the house of accused Satto Ram was raided and from his house, too, ganja, weighing 1 kg., was recovered and seized. The seized materials were brought, along with Zarina Khatoon and Tamanna Khan, to Sadar Police Station, Darbhanga, because accused Chanda Khatoon had fled away on witnessing the police arriving at her house and accused Satto Ram had not been found in his house.

(iii) A fardbayan, in writing, was lodged by the Officer- in-Charge, Sadar Police Station, Darbhanga and treating the said fardbayan as First Information Report, Sadar P.S. Case No. 134 of 2005, under Sections 20 and 22 of the NDPS Act read with Section 47 (c) of Bihar Excise Act, 1915, was registered.

(iv) During investigation, seized ganja was sealed and two samples, drawn therefrom, were sent to Forensic Science Laboratory (in short, 'FSL'), which opined that the samples were of ganja (cannabis).

(v) On completion of investigation, a charge-sheet was laid, under Sections 20 and 23 of the NDPS Act read with Section 47(c) of Bihar Excise Act, 1915, against accused Zarina Khatoon, Tamanna Kh