Rajeev Ranjan Prasad, J. – Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel for the Union of India.

2. This appeal has been preferred for setting aside the judgment of conviction dated 06.12.2022 (hereinafter referred to as ‘the impugned judgment’) and the order of sentence dated 07.12.2022 (hereinafter referred to as ‘the impugned order’) passed by learned District & Sessions Judge, West Champaran, Bettiah (hereinafter called ‘the learned trial court’) in N.D.P.S. Case No. 40 of 2019 arising out of NCB Crime No. NCB/PZU/V/06/2019.

3. By the impugned judgment, the learned trial court has convicted the appellant for the charges under Section 20(b)(ii)C of the Narcotic Drugs And Psychotropic Substances, Act, 1985 (in short ‘NDPS Act’). By the impugned order, the appellant has been ordered to undergo rigorous imprisonment for 12 years with a fine of Rs.1,00,000/- under Section 20(b)(ii)C of the NDPS Act and in default of payment of fine, he has to further undergo rigorous imprisonment for one year.

Prosecution Case

4. The prosecution case is based on the complaint petition filed by the complainant, namely, Rahul Kumar Purbey, who is an Intelligence Officer of Narcotics Control Bureau, Patna Zonal Unit. The complainant inter alia alleged that pursuant to an information from SSB 44 Bn. that one person having contraband had been intercepted by SSB 44 Bn, Narkatiaganj on specific intelligence, a team comprising Sh. Parmanand Singh, Intelligence officer, Sh. Pawan Kumar, Sepoy and Sh. Sanjiv Kumar Singh, Driver all from NCB Patna was formed on the direction of the Superintendent, NCB Patna. On reaching there Sh. Shailesh Kumar Singh, Dy. Commandant, 44 Bn., SSB, Narkatiaganj produced the recovered contraband kept in 21 packets along with the person intercepted and also informed about the formalities done so far. NCB team opened and checked all the packets and tested it with DD Kit in presence of the intercepted person and the independent witnesses and the test shown positive for the test of Charas was seized. Test memo in triplicate was also prepared on the spot. All the packets were weighed and the gross weight was found to be 10 kgs. Two samples of 25-25 gms. each were drawn and kept in plastic pouch and was hot sealed. Hot sealed pouches were further kept in paper envelopes and was sealed with departmental seal NCB-02 and marked S1 & S2. The remaining contraband was put in the same black colour bag from where it was recovered and wrapped with white colour markin cloth and sealed with departmental seal. Signature of the owner of goods, two independent witnesses and the seizing officer was obtained on all the sealed envelopes and packet wrapped with markin cloth. Seizure list was also prepared on the spot and signatures of the accused, independent witnesses, Seizing Officer and Sh. Shailesh Kumar Singh, D Commandant SSB, 44 Bn. was also obtained. The seizure formalities was started at about 18:30 hrs on 25.02.2019 and ended peacefully on the same day at about 20:00 hrs.

5. On the basis of this complaint petition, NCB/PZU/V/06/2019 case was registered under Sections 8(c), 20(b)(ii)(c), 23 and 29 of the NDPS Act against this appellant and vide order dated 26.09.2019, learned Sessions Court took cognizance of the offences under above mentioned Sections.

6. Charges were read over and explained to the appellant in Hindi to which he pleaded not guilty and claimed to be tried, accordingly, vide order dated 21.11.2019, charges were framed under Sections 20(b)(ii)(c), 23(c) of the NDPS Act.

7. In course of trial, the prosecution has examined altogether five witnesses and exhibited several documentary evidences. The description of prosecution witnesses and the exhibits are given hereunder in tabular form: –

List of Prosecution Witnesses