IMPORTANT POINT
The court emphasized procedural discrepancies in evidence handling and the necessity for independent corroboration in drug-related cases, leading to bail grant.

JUDGMENT :

RAJEEV RANJAN PRASAD, J.

Heard learned counsel for the appellant and learned Additional Public Prosecution for the State.

2. Records have been placed before this Court to consider the prayer of the appellant for suspension of his sentence and release on bail during pendency of the appeal.

3. The appellant has been convicted and sentenced vide judgment and order dated 28.09.2024 and 30.09.2024, respectively passed by the learned Exclusive Special Court No.II, NDPS Act, East Champaran at Motihari in connection with N.D.P.S. Case No. 108 of 2021 arising out of Sugauli P.S. Case No. 462 of 2021 and has been ordered to undergo a sentence of rigorous imprisonment for 14 years with a fine of Rs. 1,00,000/- each for the offence under Section 20(b)(ii)(c), 23(c) and 25 of the Narcotics Drugs and Psychotropic Substances Act , 1985 (in short ‘NDPS Act’) and in default of payment of fine, he shall further undergo simple imprisonment for six months each. All the sentences shall run concurrently.

4. The First Information Report is based on self statement of S.I., Vivek Kumar Jaiswal (P.W.-3) recorded by him on 03.11.2021 at 8:30 hours at Sripur Chauk, P.S. Sugauli, District-East Champrana, Motihari. According to his self statement, when the informant was on patrolling duty in the evening on 02.11.2021, he got an information at Chapwa chauk that one ten wheeler truck is standing near the Chandani petrol pump at Sugao. On the basis of said information, he reached near Chandani petrol pump where he found that a ten wheeler truck was standing. On seeing the informant and the police party, two persons seating in the truck started fleeing away who were apprehended, one of them is the appellant who disclosed himself as driver of the truck. It is stated that in course of search of the vehicle, altogether 151.16 Kg. of substance like Ganja were seized.

5. Learned counsel for the appellant submits that from the seizure list, it would appear that Choukidar Indal Rai and Choukidar Jhunjhun Raut, who were the members of the raiding party are the seizure list witnesses. The informant (P.W.-3) has stated in paragraph- 17 of his deposition that he could not find any independent witness and on asking, nobody stopped. He has stated that at the place of occurrence, he had completed the paper permits but in paragraph -18, he has stated that petrol pump was open, however, he did not talk to the staffs of the petrol pump and did not inquire from them. It is submitted that in his deposition, P.W.-3 has stated that it was Chhath-Dipawali period and from the local shopkeeper, a weighing machine (Taraju) was brought and the seized Ganja was weighed, which was found at 151.16 Kg. However, this witness stated that he reached police station with the seizure list, a written application and the apprehended accused and the seized article after conducting raids at several other places.

6. Learned counsel further submits that it is evident from his deposition that independent witnesses were available at petrol pump but he did not chose to talk to any of the staffs of the petrol pump. In his cross-examination, P.W.-3 has stated that at the place of seizure, there is no shop, therefore, his statement that Choukidar, Indal Rai and Choukidar, Jhunjhun Raut have brought a weighing machine but from where they have brought it may be found contradictory to his own statement in the examination-in-chief that the weighing machine was brought from the local shopkeeper.

7. Learned counsel further submits that on perusal of the trial court records, it will be found that the seized Ganja were not produced in the Court on 04.11.2021. There is also a delay in submission of the F.I.R. in the court for the reason that the F.I.R. was lodged on 03.11.2021 at 9:30 A.M. in respect of the seizure made on 02.11.2021 at 23:30 hours but the F.I.R was presented in the court only on 04.11.2021 that too without the seized articles.