The conviction under the N.D.P.S. Act was overturned due to significant procedural violations on search and seizure, establishing that prosecution must comply with established legal protocols.

JUDGMENT :

SOURENDRA PANDEY, J.

Heard Ms. Mira Kumari, assisted by Ms. Ankita Roy, learned counsel for the appellant and Ms. Km. Shashi Bala Verma, learned Additional Public Prosecutor for the State.

2. The present appeal arises out of the judgment of conviction dated 23.02.2023 (hereinafter referred to as the ‘impugned judgment’) and the order of sentence dated 27.02.2023 (in short referred to as the ‘impugned order’) passed by the learned Additional Sessions Judge-III-cum Successor of Court of A.S.J.-IV, Kathihar in connection with N.D.P.S. Case No. 03 of 2018, arising out of Katihar Town (Sahayak) P.S. Case No. 73 of 2018.

3. By the impugned judgment, the appellants namely Sanjeev Dev Verma, Tapas Dev Verma and Sanjeet Dev Verma have been convicted for the offences under Sections 20(b)(C) read with Section 25 /29 of the N.D.P.S. Act and have been sentenced to undergo rigorous imprisonment for 14 years for the offence under Section 20(b)(C) read with Section 25 /29 of the N.D.P.S. Act and also to pay a fine of Rs. 1,00,000/- each and in default of payment of fine they shall further undergo simple imprisonment for two years.

Prosecution Case:

4. The prosecution case, in brief, is that on 30.01.2018 at about 00:30 hours, officers of the Special Task Force, Patna, alerted the informant, the then S.H.O of Town (Sahavak) Police Station, regarding transportation of cannabis from Tripura to Bihar via Katihar, allegedly being guided by occupants of a Bolero vehicle. The information was reduced into writing and information forwarded to superior officers. Two raiding teams were constituted. At about 05:00 hours, a Bolero vehicle followed by a truck was intercepted at Kolasi Petrol Pump. After compliance with the provisions of law, including service of notice under Section 50 of the N.D.P.S. Act and upon refusal of all the seven apprehended accused persons, to exercise the option of search before a Magistrate or Gazetted Officer, the truck was searched in the presence of independent witnesses. During search, a huge quantity of cannabis was recovered from a concealed inbuilt chamber of the truck. Mobile phones and cash were also recovered from the occupants during personal search. The seized contraband was weighed, samples were drawn, seizure lists were prepared in presence of independent witnesses, copies were supplied to the accused persons and thereafter all the seven persons were arrested.

5. On the basis of the aforesaid written application, Katihar Town (Sahayak) P.S. Case No. 73 of 2018 dated 30.01.2018 under Sections 8 /20(b)(ii)(c) 25/29 of the N.D.P.S. Act was registered.

6. After completion of investigation, the Investigating Officer (I.O.) (P.W. 6) submitted charge-sheet being Charge- Sheet No. 189 of 2018 dated 27.07.2018 under Sections 8 /20(b) (ii)(c) 25/29 of the N.D.P.S. Act .

7. On the basis of the police report, cognizance was taken vide order dated 03..08.2018 under Sections 8 /20(b)(ii)(c) 25/29 of the N.D.P.S. Act against the seven apprehended accused persons including the appellants.

8. Charges were read over and explained to the appellants in Hindi to which they pleaded not guilty and claimed to be tried.

9. In course of trial, the pr