Possession of narcotic substances can result in conviction under NDPS despite procedural non-compliance if evidentiary strength supports prosecution's claims.

JUDGMENT :

Bibhu Datta Guru, J.

Heard.

1. Since, both the appeals arise out of same Special Criminal (NDPS Act) case No. 24/2020, therefore, they are being heard together and decided by this common judgment.

2. These appeals have been filed by the appellants under Section 374(2) of the Code of Criminal Procedure 1973, (for short the, Cr.P.C.) against the impugned judgment of conviction and sentence dated 11/01/2024 passed in Special Criminal (NDPS Act) case No. 24/2020 by learned Special Judge (NDPS Act) District- Mahasamund (C.G.), whereby the learned Special Judge has convicted the appellant for the offence under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “the NDPS Act”) and sentenced him for 20 years rigorous imprisonment with fine of Rs.2,00,000/- in default of payment of fine, additional R.I. for one year.

3. The prosecution case in brief is that on 10.09.2020, Inspector Pradeep Minj (PW14) of Police Station Komakhan received an information from an informant that a twelve-wheeled truck was bringing a psychotropic substance, ganja, from Odisha to Chhattisgarh. On the said information, after duly preparing the informer information panchnama and search panchnama without warrant, he reached to the spot i.e. village Temri forest naka along with staff and witnesses and conducted a blockade. During the blockade, a truck bearing registration number W.B. 41 H 0832 (henceforth ‘the truck’) which was coming from Khariyar Road, Odisha was stopped and two persons were found in the truck. On asking, they told their names as Mohammad Kalut Mansuli and Mahesh Kumar Paswan (henceforth ‘the Appellants’). On interrogating them closely, they told that they were taking the narcotic substance Ganja from Bhawanipatna, Odisha to District Ara in Bihar. While searching the said truck in front of witnesses, total 183 packets, kept in hidden 34 sacks, were found in their joint possession. A recovery panchnama was prepared in the presence of witnesses. The said narcotic substance like Ganja recovered from the truck from the joint possession of the accused was mixed together and some quantity of it was torn, rubbed, smelled and burnt and it was found to be Ganja. Subsequently, the electronic weighing machine was brought to the spot by the weigher Mansingh Baghel, and it was checked and found to be correct. A physical verification panchnama of the weighing machine was prepared. On weighing the illegal narcotic substance Ganja which was recovered from the vehicle in joint possession of the accused at the spot itself and was kept in 183 packets filled in 34 sacks hidden in empty crates in the container wrapped in khaki coloured membrane in each packet, was weighted to be 913 kilograms, after which two sample of 100 grams each were taken out from the recovered Ganja.

During the process 913 kilograms of narcotic substance Ganja; two sample packets of 100 grams each prepared from it which were recovered from the joint possession of the accused; the truck of the accused; one mobile; and Cash of Rs 2200/- were seized from the joint possession of the accused and a seizure sheet was prepared. A map of the crime scene was prepared.

On finding the evidence of crime against the accused, they were arrested in front of witnesses and an arrest sheet was prepared and their family members were informed about their arrest. After returning to Komakhan police station, a crim