The failure to comply with procedural requirements of the NDPS Act, particularly regarding evidence handling and sample collection, undermines the prosecution's case and grounds for conviction.

JUDGMENT :

NARESH KUMAR CHANDRAVANSHI, J.

1. This Criminal Appeal has been preferred under Section 374(2) of the CrPC, against judgment of conviction and order of sentence dated 13.5.2022 passed by Special Judge (NDPS), Baloda Bazar, Distt. Baloda Bazar-Bhatapara (CG) in Special Criminal (NDPS) Case No. 04/2018, whereby the learned Special Judge, after holding the appellant guilty, convicted and sentenced her in the following manner:-

2. Case of the prosecution, in brief, is that on 16.02.2018 at about 02:30pm, an information was received by Sub Inspector RS Singh (PW-16) of Police Chouki, Karhibazar, Police Station City Kotwali, Baloda Bazar that the appellant/accused had illegally stored contraband substance Ganja in her house with intention to sell it. The information was reduced in writing by him in Rojnamchasanha (EX-P/25C). After calling two witnesses namely Heeraram and Amardas Manikpuri, mukhbir Suchna Panchnama (Ex-P/2) was prepared. Thereafter fearing the possibility of mishandling of the contraband substance or concealment of evidence, he took his accompanying staff and witnesses to the house of the accused at village Bitkuli and called out the appellant, who was in her house, informed her about secret information and notice (Ex-P/4) was served to her under Section 50 of the NDPS Act. Necessary panchnamas were prepared, the accused/ appellant and her house were searched, wherein a yellow plastic gunny bag with a ‘Gold Mohar’ trademark written on it contained 25 packets of contraband substance like ganja wrapped in a white film, and a black backpack bag with a ‘Sky Bags’ trademark written on it contained 03 packets of contraband substance like ganja wrapped in a packing tape, Aadhar card, voter ID, etc. of the accused were recovered from her possession in her house. In this regard, a recovery panchnama (Ex.P/11) was prepared. The recovered substance was smelled, rubbed, and burned to identify it and it was found as ‘Ganja’. An identification panchnama (Ex.P/12) was prepared in this regard. Thereafter 28 seized packets were got weighed by weigher Uma Shankar Patel, in which plastic bag containing 25 packets and black bag containing 3 packets were found to be total 29.104 Kg ganja like substance, out of which, two samples of 100 gms each were separately prepared and panchnama in this regard was prepared. The appellant was not having any valid documents to have possession of the aforesaid contraband substance, hence, it was along with Aadhar Card and Voter ID card were seized and seizure memo Ex-P/16 was prepared. The appellant was arrested vide Ex- P/17 and Dehati nalishi (Ex-P/36) was prepared on the spot, spot Map (Ex- P/37) was also prepared. Upon reaching the police station, unnumbered FIR (Ex-P/38) was recorded and numbered FIR was also registered in Police Station, Baloda Bazar. The seized articles were deposited in the malkhana of police station for safe custody and receipt was obtained. On 18.02.2018, inventory was prepared before Executive Magistrate, Bhatapara vide Ex-P/31, the seized contraband substance was weighed, sealed and the proceedings were photographed. Seized two samples were sent to FSL, Raipur for chemical examination vide Ex- P/23, in which vide FSL report (Ex- P/42), it was reported to be ‘Ganja’. The Sub-Divisional Officer (Police), Baloda Bazar was informed about entire proceedings. After investigation, charge sheet under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) was filed against the appellant before Special Judge (NDPS), Baloda Bazar (CG).

3. The learned Special Judge, framed charge under Section 20(b) (ii)(C) of the NDPS Act against the accused, read it over and explained the same to her, which she denied and claimed for trial.

4. In order to bring home the guilt of the appellant/accused, the prosecuti