Non-compliance of mandatory provisions under the NDPS Act, specifically Section 42(1) and 42(2), vitiates the trial.

1. These appeals have been heard and disposed of by the common order as both arise out of the same judgment and order dated 3rd of September, 2014 passed by Sri Balram Singh, 1st Additional Sessions Judge, Saran at Chapra in connection with NDPS Case No. 07 of 2011 arising out of Chapra Mufassil P.S. Case No. 139 of 2011, G.R. No. 2688 of 2011 by which he has convicted the appellants for the offences under Section 20b (ii)(c) as well as under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the “NDPS Act”) and sentenced them to undergo rigorous imprisonment for ten years and a fine of Rs.1,00,000/- and in case of default of payment of fine they have further been directed to undergo rigorous imprisonment for three years. However, it has been ordered that both the sentences shall run concurrently.

2. The prosecution case, as alleged, is that on 15.07.2011, at about 08:05 A.M. the Station House Officer, Muffasil Police Station, Mr. Subodh Kumar Mishra received a secret information at the Police Station that at Mohalla Hemnagar, in the house of Hare Ram Rai, two persons, living as a tenant, are indulging in the business of Ganja and have concealed the Ganja in the said house for the purpose of smuggling. Thereafter, the informant recorded a Sanha in the Muffasil Police Station and proceeded to the place of occurrence along with Police party comprising Anand Kumar (P.W.4), Niraj Kumar (P.W.3), Anil Kumar (P.W.1) and Nilmani Ranjan (P.W.2) and reached Hemnagar at about 8.15 A.M. with two local independent witnesses Hare Ram Rai (seizure-list witness) and Santosh Mistri (not examined) and raided the house of Hare Ram Rai, which was given in tenancy. The further case is that on seeing the Police party, one person tried to flee away from the room but was apprehended and disclosed his name as Rakesh Singh and in his presence, on search of the room one moving bag of Coralight Company containing three bags of Ganja, each containing of 5 Kgs. of ganja and two packets of Ganja kept in a plastic bag, each containing about 5 Kgs. weight and so in all about 25 Kgs. Ganja were recovered. The person, who was apprehended, disclosed that he has brought the Ganja from Chakiya Motihari for smuggling and the said Ganja was planned to send to Jharkhand. He further disclosed that in his business, Chandrawati Devi, who is his Bhabhi resides in the same house, is also involved with him. On search of the bed from beneath the pillow, Rs.39,000/- was also recovered and on being enquired about money Rakesh Singh disclosed that the said money is the fruit of the Ganja sold earlier. A seizure list was prepared in presence of both the independent witnesses and both of them put their signature over the same. A copy of the said seizure list was also handed over to Rakesh Singh and said Chandrawati Devi and they also put their signature over the seizure-list. Said Rakesh Singh was arrested at the spot itself, whereas to arrest Chandrawati Devi, a phone call was sent to the Police Station to send a lady Chowkidar and after arrival of a lady Chowkidar Soni Kumari, said Chandrawati was also arrested. It is claimed in the First Information Report that said Rakesh Singh and Chandrawati Devi are indulged in smuggling of Ganja and have kept a huge quantity of Ganja in their rented house and while doing so, they have been caught red handed, which is a cognizable offence under Section 20/22 of the NDPS Act.

3. After the recovery of Ganja and preparing the seizure list, the seized articles were sealed at the place of occurrence itself and before putting seal on each packet of the Ganja, 100 gms. Ganja were taken out as a sample. The seized articles were brought to the Police Station and kept in Malkhana. Thereafter, the investigation proceeded after lodging the First Information Report.

4. During investigation, further statement of the informant was recorded. The Investigating Officer inspected the place of occurre