IMPORTANT POINT
The prosecution's failure to follow mandatory procedures for search and seizure under the NDPS Act vitiated the trial, leading to the acquittal of the accused.

JUDGMENT :

[M. Choudhury, J]

A. The Assail :-

1. Both these criminal appeals, preferred under Section 383 and Section 374[2] respectively of the Code of Criminal Procedure, 1973 [‘the Code’ or ‘CrPC’, for short] read with Section 36B of the Narcotic Drugs and Psychotropic Substances Act, 1985 [‘the NDPS Act’, for short] are directed against a Judgment and Order dated 17.06.2020 passed by the Court of learned Special Judge, Phek, Nagaland [hereafter referred to as ‘the Special Court’, for short] in Sessions [Special] Case no. 07 of 2019, which arose out of G.R. Case no. 25 of 2018 and Khezhakeno Police Station Case no. 03 of 2018. The criminal appeal, Criminal Appeal no. 04 [J] of 2020 is preferred by the accused-appellant, Sri Vechukho [hereinafter also referred as ‘A-1’, at places, for easy reference] whereas the other criminal appeal numbered as Criminal Appeal no. 06 of 2020 is preferred by the accused-appellant, Sri Khapelo Sarah [hereinafter also referred as ‘A-2’, at places, for easy reference].

B. The verdict of the Special Court :-

2. By the Judgment and Order dated 17.06.2020, both the accused-appellants have been convicted for the offence under Section 20[b][ii][C] of the NDPS Act read with Section 34 of the Indian Penal Code [IPC]. On finding the accused-appellants guilty of the offence under Section 20[b][ii][C] of the NDPS Act read with Section 34, IPC, they have been sentenced by the learned Special Court to undergo rigorous imprisonment for 15 [fifteen] years each and to pay a fine of Rs. 2,00,000/-[Rupees two lakhs] each, in default of payment of fine, to undergo rigorous imprisonment for another 2 [two] years. The learned Special Court has, however, acquitted both the accused-appellants from the charge of Section 109, IPC. It has been observed that the period already undergone in jail by the accused-appellants shall be set-off under Section 428, CrPC.

C. The case of the prosecution :-

3. The prosecution story, in brief, is that at around 22-00 hours on 30.05.2018, a telephonic information was received at Pfutsero Police Station from the Officer In-Charge, Pfutsero Police Station to the effect that the Sub-Divisional Police Officer [SDPO], Pfutsero received an information from a reliable source about concealment of a huge quantity of suspected contraband, Cannabis [Ganja] in a house belonging to one Sri Khapelo Sarah [A-2], son of Late Kekhwelhou Sarah of Lewoza Village under Khezhokeno Police Station. On receiving the information, an entry was entered in the General Diary of Pfutsero Police Station vide General Diary Entry no. 347 at 10-30 hours. As an immediate raid was required, the SDPO, Pfutsero along with five other Police personnel proceeded to the suspected house, after duly informing Khezhokeno Police Station as Lewoza Village falls within its territorial jurisdiction, to verify the authenticity of the information along with two independent witnesses viz. [i] Sri Wezhepe [P.W.1], VCC of Leshemi Village; and [ii] Sri Kedongulo Lomi [P.W.4], VCC Secretary of Lewoza Village to assist the Police. On reaching the spot, the Police revealed their identities to the owner of the house and the owner identified himself as Khapelo Sarah [A-2]. Khapelo Sarah [A-2] was informed about the intention of the Police team to conduct house search on suspicion of concealment of contraband, Cannabis [Ganja] in his house. On search being conducted thereafter, a huge stock of suspected contraband, Cannabis [Ganja] weighing about 450 kgs approx. and packed in forty-five packets of about 10 kg each, was recovered from the house of Khapelo Sarah [A-2] and the same was seized in presence of the independent witnesses. On being questioned, Khapelo Sarah [A-2] failed to produce any authorization in support of his possession. On further questioning, Khapelo Sarah [A-2] stated that the contraband, Cannabis [Ganja] was stored in his house by one person named Smti. Khrowepe-u @ Apale Losou and he was not involved in the trade of the said contra