Conviction under NDPS Act overturned due to significant procedural lapses and discrepancies in evidence handling, resulting in reasonable doubt.

Judgment :

Naresh Kumar Chandravanshi, J.

1. The present appeal has been preferred by the appellant under Section 374 (2) of the Criminal Procedure Code, 1973 against the impugned judgment of conviction and order of sentence dated 01.12.2022 passed by learned Special Judge (NDPS) Act, Jagdalpur, District Bastar in Special Criminal Case (NDPS Act) No. 10/2021, whereby appellant has been convicted under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth, 'NDPS Act') and sentenced to undergo rigorous imprisonment for 10 years with fine of Rs.1,00,000/-, in default of payment of fine, to further undergo additional rigorous imprisonment for one year.

2. Case of the prosecution, in brief, is that on 24.08.2020, Assistant Sub-Inspector – Harwan Singh (P.W. 9) of Police Station Nagarnar received information from an informant that a twelve-wheeler Truck bearing registration No. R.J. 09/G.D./2253 is transporting contraband substance Ganja illegally from Odisa to Jagdalpur unauthorizedly for sale. The said secret information was recorded in rojnamcha sanha. The intimation about secret information was sent to Senior Officers. Two independent witnesses were called. Necessary Rojnamcha Sanhas and Mukhbir suchna panchnama were prepared. Above information was sent to City Superintendent of Police, Jagdalpur. Subsequently, police party proceeded towards the place of occurrence and cordoned off at NH 63, PS Nagarnar, where they intercepted the said 12 wheeler Truck. The driver of the said truck namely Vijay Kumar Vishwakarma, appellant herein was served the notice under Section 50 of the N.D.P.S. Act. After preparing necessary Panchnamas, they searched the aforesaid vehicle and found contraband in 20 bundles wrapped in Brown sellotape kept in Dala of the truck, which was recovered vide Ex. P-7. The said contraband substance was identified as Ganja by burning, smelling and rubbing, to which identification Pachnama Ex. P-8 was prepared. On being weighed, it was found that each bundle, out of 20 bundles, contained 10 kg Ganja, total 200 kg. The recovered Ganja was homogenized and kept in 8 plastic sacks (Bori) and Samras Panchnama Ex. P-11 was prepared. Ganja kept in 20 bundles wrapped in Brown Sellotape, each bundle containing 10 kg, 12 wheeler truck, Rs. 2500/- and one MI brand Android Phone were seized vide seizure memo Ex. P-12. The accused/appellant was arrested. Spot maps were prepared by the police and the Patwari. Dehati Nalisi (Ex. P-32) about entire proceeding was recorded and then FIR Ex. P-33 was registered. The contraband substance was handed over to Malkhana Muharrir vide receipt Ex. P-42. Two samples of 50 gm each were collected in two containers marked as ‘A-1’ & ‘A-2’ by the Executive Magistrate vide Ex. P-47 (4 pages). He also prepared inventory of seized articles. One sample marked as ‘A-1’ was sent to the FSL, Jagdalpur vide Ex. P-43, to which, vide its report Ex. P-44, the FSL reported that sample ‘A-1’ is ‘Ganja’.

3. After completion of usual investigation, a charge-sheet was filed before the learned Special Court for the offence under Section 20(b)(ii)(C) of the NDPS Act.

4. Learned Special Judge framed charge against the appellant/accused under Section 20(b)(ii)(C) of the NDPS Act. He denied the said charge and claimed trial.

5. In order to establish the charge against the appellant, the prosecution has examined following witnesses and exhibited following documents :-

WITNESSES

Statement of the appellant was also recorded under section 313 of Cr.P.C., in which, he denied the circumstances appearing against him and stated that he is innocent and has been falsely implicated in the case. No defen