IMPORTANT POINT
Procedural non-compliance with the NDPS Act regarding search, seizure, and evidence handling resulted in acquittal, establishing that failure to follow mandated protocols undermines prosecution's case.

JUDGMENT :

RAJEEV RANJAN PRASAD, J.

1. This appeal is arising out of the judgment of conviction dated 07.08.2019 (hereinafter referred to as the ‘impugned judgment’) and the order of sentence dated 16.08.2019 (hereinafter referred to as the ‘impugned order’) passed by learned District and Sessions Judge-cum-Special Judge, NDPS Act, West Champaran, Bettiah (hereinafter referred to as the ‘learned Trial Court’) in NDPS Case No. 20 of 2016, Sessions Trial No. 25 of 2016 arising out of Bettiah Town P.S. Case No. 397 of 2016.

2. By the impugned judgment, the learned trial court has been pleased to convict the appellant for the offences punishable under Sections 20 (b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act (in short ‘NDPS Act’) and ordered to undergo rigorous imprisonment for twelve years and to pay a fine of Rs.1,00,000/- under Section 20 (b)(ii)(C) of the NDPS Act. In case of default of payment of fine, she shall have to further undergo imprisonment for two years.

Prosecution Case

3. The prosecution case is based on the written application (Exhibit ‘2’) of Rajesh Kumar (PW-4), Officer- Incharge at Nagar Thana, Bettiah. On 29.07.2016 at 01:00 PM, the informant along with other police personnels, namely, Kiran Shankar, Rajiv Kumar, Chandan Kumar and Chaya Rai left police station for raid. At about 02:00 PM, information was received that a woman was going to pass Station Chowk carrying charas. Thereafter, the informant gave this information to senior officials and proceeded to Station Chowk. When the police team reached there, they saw that a woman who was carrying a bag in her hand tried to hide herself. The female officer Chaya Rai apprehended the woman. Seeing the action of police, locals assembled there and from amongst them, (1) Lalan Prasad and (2) Alar Miyan were made witnesses. Officer Chaya Rai searched the woman and found six packets from the bag which she was carrying. She disclosed her name as Ayasa Khatun and told that the recovered packets contain six kg of charas. On demand of papers relating to charas, she told that she used to purchase charas from Nepal and via train she was going to Delhi to sell the same. Thereafter, in presence of the above-named witnesses, seizure list was prepared and charas was seized. On the seizure list, above-named witnesses signed on their own will and one copy of the seizure list was given to Ayasa Khatun on which she put her signature and she was arrested.

4. On the basis of this written application, Bettiah Town P.S. Case No. 397 of 2016 dated 29.07.2016 was registered under Sections 20 /22/23/24/27(A)/29 of the NDPS Act against Ayasa Khatun.

5. After investigation, Police submitted chargesheet bearing No. 518 of 2016 dated 31.08.2016 against the appellant under Sections 20 , 22, 23, 24, 27(A) and 29 of the NDPS Act. On the basis of the chargesheet, learned trial court vide order dated 05.09.2016 took cognizance of the offences punishable under above-mentioned sections against the appellant.

6. Charges were read over and explained to the appellant in Hindi to which she pleaded not guilty and claimed to be tried. Accordingly, vide order dated 04.11.2016, charges were framed against the appellant under Sections 20 (b)(ii)(c), 22(c) and 23(c) of the NDPS Act.

7. In course of trial, the prosecution examined as many as six witnesses