The prosecution must strictly comply with statutory requirements under the NDPS Act to establish a prima facie case; failure to do so undermines the conviction.

JUDGMENT :

(Chandra Shekhar Jha, J.)

This appeal has been preferred by the appellant/convict under Section 374(2) of the Code of Criminal Procedure (hereinafter referred to as ‘the Code’) challenging the impugned judgment of conviction dated 28.06.2023 and order of sentence dated 03.07.2023 respectively passed by learned Additional Sessions Judge-I-cum-Special Judge NDPS, Vaishali at Hajipur in NDPS No. 91 of 2020 arising out of Hajipur Sadar P.S. Case No.633 of 2020, whereby the concerned Trial Court has convicted the appellant/convict for the offences punishable under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act (for short ‘NDPS Act’) and sentenced to undergo rigorous imprisonment for ten years with fine of Rs.1,00,000/- and in default of payment of fine, to further undergo rigorous imprisonment for two years under Section 20(b)(ii)(c) of the NDPS Act.

2. The case of prosecution is based on written report of informant, namely, Sanjeev Kumar (PW-1), Sub-Inspector of Police, Sadar Police Station, Hajipur, which was addressed to the Inspector of Police-cum-Officer-in-Charge of Sadar Police Station in which it is alleged that on 13.10.2020, he along with armed forces, Homeguard, Pramod Jha, Homeguard Baleshwar Pandey and Homeguard Jai Prakash Chaudhary was engaged in patrolling duty. At 10.45 A.M. he received a secret information that two persons are carrying ganja in a plastic bag on a scooter and are going towards Daulatpur. The informant further alleged that he gave information to this effect to his superior officer and proceeded for verification of the secret information on Hajipur-Muzaffarpur road near Dharamkanta. The informant noticed that one scooty upon which two persons were carrying a yellow colour plastic bag. On seeing the police, the pillion rider jumped from the scooter and fled away. The person, who was driving the scooty, was caught by the police, who disclosed his name as Ravi Kumar (appellant), S/o Shyam Narayan Chaudhary, village-Daulatpur, P.S.-Hajipur Sadar, District-Vaishali. The appellant disclosed the name of the absconder as Prince @ Babul Chaudhary, S/o Arvind Chaudhary of village-Daulatpur, P.S.-Hajipur Sadar, District-Vaishali. The informant further alleged that he was told that as per information, there is narcotic substance in the bag and they have to search. As no independent witness was ready to be witness, the Homeguard, Pramod Jha and Homeguard Baleshwar Pandey were made seizure list witnesses. The accused/appellant was informed that he has right to be searched before a Magistrate or a gazetted officer but, the accused persons have given consent to be searched by the informant. After being searched, ganja was recovered from the bag, which was being carried on the scooty. On weighment, 20.100 kgs ganja was found in the bag. On query, the accused disclosed that his father is engaged in the business of selling ganja and he was carrying the same as per his direction. The contraband and scooty were seized upon which, the seizure list witnesses and the accused persons put their signatures. Thereafter, the appellant was arrested.

3. On the basis of aforesaid written report, a formal FIR, being Hajipur Sadar P.S. Case No.633 of 2020 was registered under Sections 8, 20(b)(ii)(c), 25 and 29 of the NDPS Act, whereafter investigation of this case was handed over to A.S.I., Ranjan Kumar Jaiswal by the S.H.O.

4. After completion of investigation and on the basis of materials collected during investigation, the Investigating Officer of this case has submitted charge-sheet No.1131 of 2020 dated 31.12.2020 against the appellant and other accused person, namely, Shyam Narayan Chaudhary under Sections 8, 20(b)(ii)(c), 25 and 29 of the NDPS Act. Upon which, the learned District and Sessions Judge-cum-Special Judge, NDPS took cognizance of the offence on 04.06.2021 under Sections 8, 20(b)(ii)(c), 25 and 29 of the NDPS Act. The learned trial court after supplying the police papers under Sec