Procedural lapses in evidence collection under the NDPS Act, particularly failure to comply with Section 52A, render prosecution's case insufficient for conviction.

JUDGMENT :

ASHOK KUMAR PANDEY, J.

We have heard Mr. Suraj Narain Yadav, learned counsel for the appellant and Mr. Ajay Mishra, learned Additional Public Prosecutor for the State as also perused the trial court records.

2. The present appeal has been preferred under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Cr.P.C.’) against the judgment of conviction dated 20.12.2017 (hereinafter referred to as the ‘impugned judgment’) and the order of sentence dated 02.01.2018 (hereinafter referred to as the ‘impugned order’) passed by the learned Additional District Judge-1st, Gaya (hereinafter called ‘the learned trial court’) in N.D.P.S. Case No. 18 of 2015 (arising out of Sasaram Rail P.S. Case No. 84 of 2015), by which the appellant has been convicted for the offences punishable under Sections 20 and 22 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (in short ‘NDPS’ Act) and he has been sentenced to undergo rigorous imprisonment for fifteen years along with a fine of Rs. 1,00,000/- and in default thereof, the appellant has been directed to further undergo rigorous imprisonment for two years. Both the sentences shall run concurrently.

Prosecution’s Case

3. The case of the prosecution in short is that on 20.07.2015, a ‘band’ was called on by the political parties. At 8:30 hours, the informant (PW-5) along with other police personnel and Magistrate were on checking duty at platform nos. 3 and 4. The informant (PW-5) has stated in his self-statement that they reached eastern passenger shade and then train no. 12988 (Ajmer Sealdah Express) came on the down line at about 9:45 O’ clock and from general boggy of this train, two passengers came out, one of them was aged person and other was young and both were carrying new steel boxes on their head and were proceeding towards north east side while leaving the boxes on the platform. Both persons were chased by the police and were apprehended and on being asked, they disclosed that there is cloth inside the boxes but were not ready to open the boxes. When they were pressurized by informant and others, the accused persons told them that there is ganja inside the boxes. After the boxes were opened, it was found that ganja was kept concealed in a cloth, in several small and big plastic packets, whereafter ganja was seized with jute sack. The accused persons did not produce any document regarding the contraband and they could not produce their ticket as well. The said accused persons were identified as Baijnath Sao and Sonu Kumar (appellant). Thereafter, weighing machine was brought from the parcel house of the railway station and in the presence of the Magistrate Veer Bahadur (PW-6) and two police personnel, both boxes/packets were weighed and the weight of ganja only was found to be 15 and 20 kg respectively. 20 kg ganja was recovered from the box of the appellant. Thereafter, seizure list was prepared in presence of the Magistrate, other police personnel and two independent witnesses. It is further stated in the self-statement of the informant that both the independent witness as also the accused persons had put their signature willingly on the seizure list and the copy of the same was also supplied to them. The accused persons disclosed that they were bringing ganja from Tundla (Uttar Pradesh) and taking the same to their house at Dehri for the purpose of selling it.

4. On the basis of above self-statement/written report of S.I. Yogendra Kumar (PW-5), Sasaram Rail P.S. Case No. 84 of 2015 dated 20.07.2015 was registered under Sections 21 and 22 of N.D.P.S. Act and Sectio