Proper sealing and sampling of seized articles, compliance with statutory provisions, and sufficiency of evidence are crucial in establishing guilt in narcotic drug cases.

This appeal is directed against the judgment of conviction dated 15.06.2010 as also the order of sentence dated 23.06.2010 passed by the learned 4th Additional District & Sessions Judge, West Champaran at Bettiah in Sessions Trial No. 15 of 2008, arising out if Kangli P.S. Case No. 25 of 2007, whereby the sole appellant has been convicted for the offences punishable under Sections 20(b)(ii) (C), 22(b) and 23(b) of the Narcotic Drugs and Psychotropic Substances Act, 1989 (For Short ‘the NDPS Act’) and sentenced to undergo R.I. for ten years and to pay a fine of Rs. 1 lakh for each of the offences and in default thereof to undergo simple imprisonment for two years for each of the offences. However, the sentences awarded against the appellant have been ordered to run concurrently.

2. The aforesaid case was registered on 28.12.2007 in respect of an occurrence which took place in the night intervening between 27.12.2007 and 28.12.2007 on the basis of a written report submitted by one Raghunath Bori to the Officer-in-charge of Kangli Police Station. According to the prosecution case, while the informant Raghunath Bori (P.W.1), Head Constable of the Shastra Sima Bal (For short ‘the SSB’) along with his other associates of BOP Senuwariya, B Company, 27th Batallion SSB, namely Tolan Kumar Nath (not examined), Laboo Ram (P.W. 12), Bharat Bhai (P.W. 13) and Palash Chandra Nama (P.W. 3) was on naka duty in the night on 27.12.2007 at Sikta Indo-Nepal Border near the old canal, which is 1.5 km away from Border Pillar No. 407 of village-Kathiya Mathiya, at about 11 p.m. in the night, he saw seven persons coming from the Nepal side carrying hand bags. On suspicion, when he asked them to stop, they started running away. While running away, four of them fell down. It is further stated that the miscreants started firing on SSB Personnel. The SSB Personnel also took position and overpowered one of the miscreants, but other miscreants managed to escape taking advantage of dense fog and darkness of night. On inquiry, he disclosed his name as Pintu Bhagat (appellant). It is further stated that on search of the bag recovered from the appellant, 25 packets of charas, each containing about 500 gm, wrapped in plastic covers, which were further kept in a gunny bag and further in a hand bag were recovered. The appellant was apprehended and was taken to the SSB Headquarter at Sikta. It is further stated that after taking instruction from the superior officers of the SSB, the matter was reported to the police and the seized articles and the apprehended accused were handed over to the SHO Kangli Police Station.

3. On receipt of the aforesaid written report of the informant, Kangli P.S. Case No. 25 of 2007 was registered on 28.12.2007 at 1.10 p.m. under Sections 21, 22, 23 of the NDPS Act and 27 of the Arms Act by the Station House Officer, Surendra Ram, who took up investigation of the case himself.

4. It would appear from the record that the B.O.P. Commander, 27th Batallion SSB ‘B’ Company, Senuwariya prepared an apprehension report which has been proved during trial. In the relevant column of apprehension report though the date of apprehension is mentioned as 27.12.2007, the time of apprehension has not been mentioned. It would further appear from the record that the seized articles and the appellant were handed over to the Station House Officer, Kangli Police Station, Surendra Ram (P.W. 9) on 28th December, 2007 at about 1.10 p.m. The proforma for seizure prepared under the signature of the BOP Commander has been proved and marked as Ext. 2. The signature of the SHO Kangli Police Station on the proforma for seizure has been proved and marked as Ext.1/3. The S.H.O., Surendra Ram prepared a production-cum-seizure memo of the articles handed over to him on 28th December, 2007 at 1.00 p.m. The said production-cum-seizure memo has been marked as Ext. 5 during trial.

5. P.W. 9 Surendra Ram recorded statement of witnesses in course of investigation and sub