In drug-related offenses, strict adherence to statutory procedural safeguards is mandatory for a fair trial, and non-compliance vitiates the prosecution case.

JUDGMENT :

SANDEEP KUMAR, J.

1. Heard the learned counsel for the appellant and the learned Additional Public Prosecutor for the State.

2. The present appeal is preferred by the appellant against the judgment of conviction dated 06.07.2020 and the order of sentence dated 07.07.2020 passed by Additional Sessions Judge-II, West Champaran, Bettiah, in Trial No.07 of 2019, whereby the appellant has been convicted under sections 20(b)(ii)(c) and 23(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( for short “N.D.P.S. Act”). For the offence under section 20(b)(ii)(c) of the N.D.P.S. Act, the appellant was sentenced to undergo rigorous imprisonment for ten years and a fine of Rs.1,00,000/- (one lakh) was imposed, and in the event of failure of depositing the fine imposed, the appellant was directed to undergo a further imprisonment of one year. Under section 23(c) of the N.D.P.S. Act, appellant was sentenced to undergo rigorous imprisonment for ten years and a fine of Rs.1,00,000/- (one lakh) was imposed, and in the event of failure of depositing the fine imposed, the appellant was directed to undergo a further imprisonment of one year. Both the sentences were directed to run concurrently.

3. The present case emanates from a secret information regarding transport of a consignment of charas coming to India from Nepal, which was received at about 11:00 A.M. by one Padma Vangil, the Head Constable of 44^th Company Seema Suraksha Bal (SSB), Narkatiaganj. In the aforesaid information, the description of the person carrying/transporting the consignment was also disclosed as wearing a white checked shirt, blue coloured pant and a green coloured towel (gamcha). Accordingly, the officers of the S.S.B. were informed and a joint special quick response team was constituted to carry out the operation of intercepting the consignment. According to the informant, as stated in the written complaint, the informant along with other personnel reached the disclosed location near border pillar no. 411(56) and at about 14:00 hrs a person was spotted matching the description as disclosed in the information, accordingly, the said person was stopped and he was was given an option for getting himself searched by a Gazetted Officer or by a Magistrate or by the informant, to which, the apprehended person replied that the informant can carry out the search. Thereafter, the search was being carried out in presence of two independent witnesses. It is alleged that while the search was being done, the apprehended person threw some object and tried to flee away but he was prevented from escaping by the team and the object thrown by him was retrieved. It is next alleged that the object appeared to be charas which was packed in 8 plastic bundles. The substance was tested by using the narcotics detection kit which gave positive result for charas. Thereafter, the contraband was weighed using an electric weighing machine and was found to be weighing 02 kilograms. It is next stated that the apprehended person disclosed his name as Surendra Sah (appellant) and thereafter he was sent to Purushottampur Police Station for further action in accordance with law.

4. Based on the aforementioned written complaint, Purushottampur P.S. Case No.66 of 2018 was registered under sections 20, 22 and 23 of the N.D.P.S. Act on 17.11.2018. After submission of the charge-sheet, the learned Additional District Judge, II, West Champaran took cognizance against the appellant and accordingly, charge was framed against the appellant.

5. The prosecution in support of its case has examined four witnesses, which are as under :