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SUMAN SHYAM, ARUN DEV CHOUDHURY
Biswanath Pratap Singh, S/o. Sri Govind Prakash Singh @ Govinda Prasad Singh – Appellant
Versus
State of Assam, Rep. by P. P. , Assam – Respondent
In this NDPS case (Crl. A. No. 51 of 2020), decided on 13-12-2021 by the Gauhati High Court, bedroll staff Ashok Bhagat and Viswanath Pratap Singh were convicted by the trial court under Sections 20(b)(ii)(c) and 29 of the NDPS Act for possessing 27 kg of ganja recovered from bags in train coaches, allegedly linked to them via ID cards and keys. [14000306760001][14000306760002][14000306760005]
The appellants argued no proof of their employment, ownership of bags/almirahs, or conscious possession; prosecution failed to establish foundational facts beyond reasonable doubt, rendering presumptions under Sections 35/54 inapplicable. [14000306760006][14000306760007][14000306760015]
Prosecution claimed recovery from accused's control inside almirahs they opened, supported by witness testimonies and IDs. [14000306760008][14000306760010][14000306760011]
Court's Analysis and Finding: Witnesses (PW1-PW6) confirmed recovery process but admitted no documents proving accused's bedroll duty, bag ownership, or key seizure; no incharge examined; inconsistency in recovery location (train vs. platform—a public place accessible to many). Prosecution failed to prove conscious possession (physical control + intent) or foundational facts on preponderance of probability; no presumption under Sections 35/54 could arise; doubt entitled accused to acquittal. (!) (!) (!) (!) (!) [14000306760016][14000306760017][14000306760018][14000306760019][14000306760021] (!) (!) (!) (!) (!)
Result: Appeal allowed; conviction set aside; appellants acquitted and ordered released. [14000306760022][14000306760023][14000306760024][14000306760025]
JUDGMENT :
A.D. Choudhury, J.
Heard Ms. S.K. Nargis, learned counsel appearing for the appellants. We have also heard Ms. N. Das, learned APP, Assam, appearing for the State.
1. This appeal is directed against the judgment and order dated 12/09/2019 passed by the learned Sessions Judge, Kamrup(M), in NDPS Case No. 58/2018, finding the appellants guilty of committing offences under Sections 20(b)(ii)(c) and 29 of the NDPS Act’1985 and sentencing them to undergo RI for 14 years and also to pay fine of Rs.200000/-(rupees two lacs) each, in default to undergo rigorous imprisonment for another 6(six) months each.
2. The facts of the case, briefly stated, are that on 10/04/2018, one Girindra Nath Haloi, S.I. of Guwahati GRPS, Assam, had lodged an ejahar before the In-Charge, Guwahati GRPS, informing that on 10/04/2018, at 7.30 a.m., the train checking party, ASI Dinesh Deka, along with staff conducted checking inside the train No.12435DN Rajdhani Express, while it was standing at Platform No.1, in Guwahati Railway station, had detected that the Bedroll staff of Coach No.4A and Coach No.B3 were carrying suspected Ganja in bags kept inside the bedroll cabin of the Coach. Immediately, the check
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