CHAKRADHARI SHARAN SINGH, J.:–The appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure against the judgment of conviction dated 01.04.2022 and order of sentence dated 07.04.2022 passed by the learned District & Sessions Judge, West Champaran at Bettiah in NDPS Case No. 39 of 2018 arising out of Chanpatiya P.S. Case No. 183 of 2018, whereby and whereunder the appellant has been convicted and sentenced as under:—

Conviction Sentence

under Section Imprisonment Fine (Rs.) In default of fine

under Section 20(b)(ii)(C) Rigorous imprisonment 2 Lakhs R.I for one year

of the NDPS Act for 15years

Under Section 22(c) of Rigorous imprisonment 2 Lakhs R.I for one year

the NDPS Act for 15years

Under Section 23(c) of Rigorous imprisonment 2 Lakhs R.I for one year

the NDPS Act for 15years

Section 414 of the IPC ----------------- ----------------- ---------------

2. A self statement of the Officer-in-charge of Chanpatia Police Station made on 14.05.2018 at 10:45 hours is the basis for registration of the concerned Chanpatia P.S. Case. No. 183 of 2018 disclosing the offences punishable under Sections 20, 22, 23, 24, 27 and 29 of the N.D.P.S. Act and Section 414 of the Indian Penal Code, which gave rise to NDPS Case No. 39 of 2018. Briefly noted, it is the informant’s case as disclosed in the self statement that based on a secret information to the effect that three persons were carrying Charas and were moving on a motor cycle, a raid was organized with a raiding party led by the Officer-in-charge Rajesh Kumar Jha (PW-1), Assistant Sub-Inspector of Police Arvind Kumar Singh (PW-3), reserve guards posted at the police station namely, havildar Jhapas Ram (PW2), constable Ashok Kumar Singh (not examined), constable Arun Kumar (PW-5) and Pushpendra Kumar Yadav (PW-6), and a request was made to the Block Development Officer to be present for the purpose of conducting search of the persons riding the vehicle. During the course of checking, the raiding team noticed three persons riding a blue APACHE motorcycle. The second pillion rider was carrying a bag on his back. They were intercepted and though they attempted to flee away all the three persons were apprehended by the police. According to the said self statement of the informant, on interrogation, the persons disclosed that there was charas in the bag which they were bringing from Nepal, which was in possession of this appellant. They were given an option to be searched either before a Magistrate or by the police personnel themselves. They did not object to their search by the police personnel. A search was accordingly conducted leading to recovery of two packets of charas wrapped with yellow polythene. The packets were weighed and their weight was found to be 950 gram each. Further, a mobile phone was recovered from this appellant on search of his person. Two persons accompanying the appellant were also subjected to personnel search, leading to recovery of mobile phones. The APACHE motorcycle did not bear any registration number. The accused persons are said to have disclosed the names of other persons also who were involved in illicit trade of charas. They admitted their involvement in various criminal activities. The recovered articles were seized in the presence of two independent witnesses namely Chhamata Kumar (not examined) and Ashrafi Alam (not examined). The charas so seized by the informant (PW-1) was sealed and three persons were arrested.

3. The lower court’s records (LCR) suggest that an order was passed by the learned Sessions Judge, West Champaran at Bettiah, deputing a Magistrate for drawing of the samples. There is however, no material on record to suggest that in compliance of the said order of the learned Sessions Judge, West Champaran at Bettiah, samples of the seized articles were drawn in the presence of a Magistrate. It however appears that the samples were dispatched for forensic examination on 04.06.2018 by special messenger namely A.