Total non-compliance with NDPS procedural safeguards undermines convictions, particularly in absence of corroborative evidence from independent witnesses.

JUDGMENT :

SANJEEV KUMAR SHARMA, J.

1. Heard Mr. R.P. Sharma, learned senior counsel for the appellant. Also heard Mr. K. Baishya, learned Addl. P.P. for the State.

2. This appeal is directed against the impugned judgment and order dated 17.01.2023 passed by the learned Special Judge, Charaideo in Special (N) Case No. 01/2016, whereby the appellant was sentenced to rigorous imprisonment for (ten) years and also a fine of Rs. 1,00,000/- (Rupees one lakh) only, in default of payment of fine to undergo further simple imprisonment for 3 (three) months u/s 21(c) of the NDPS Act, 1985.

3. The case of the prosecution in brief is that on 06.09.2016, Sti Amarjyoti Bailung, the then S.I. of police of the Sonari Police Station lodged an FIR before the Officer-in-Charge, Sonari Police Station with reference to Sonari P.S GDE No. 139/16 dated 06.09.2016, alleging, that on receipt of a secret information that some unknown persons who were illegally transporting drug had arrived in the Gohain Hotel of Sonarl Town, he along with some staff of the police and Lady constable raided the hotel. He further stated that during raid of the hotel a woman was searched and during the search suspected Brown Sugar/Heroine were recovered from her possession. He also stated that during interrogation the apprehended woman disclosed that two more persons namely Monoj Kr. Shah and Badri Rai were also involved in the crime. He narrated that the recovery of the drug was informed to his superiors and the suspected drug along with the vehicle and some other articles were seized. In his FIR he narrated that the total weight of the suspected drug was 310.60 Gms. Along with the FIR the informant also submitted that the extract of the GDE No.139/16 dtd. 06.09.2016.

On receipt of the FIR, a case vide Sonari P.S. Case no. 153/2016 u/s 22(c) of the NDPS Act was registered. After the criminal law was set in motion police duly investigated into the case and during investigation, the Investigating Officer recorded statement of the seizure witnesses, samples were also sent to FSL, Kahilipara, Guwahati for examination. Thereafter on receipt of positive test report of heroine, the Investigating Officer laid the charge sheet against the accused persons u/s 22(c) of the NDPS Act.

Thereafter the accused persons along with the prosecution were heard and getting sufficient materials against them the particulars of the charge under section 29 read with section 21 (c) of the NDPS Act were read over and explained to the accused persons namely Monoj Kr. Sah and Badri Rai and the particulars of the charge under section 21 (C) and section 29 r/w 21(c) of the NDPS Act, were read over and explained to the accused Gita Bonia to which they pleaded not guilty and claimed to be tried. The defence side duly contested the case and the defence plea was that of denial.

In this case though the prosecution examined some witnesses the defence side examined none and during the recording of their statement under section 313 Cr.P.C the accused persons claimed their innocence. The defense did not examine any witnesses of its own and claimed innocence in her defense statement.

4. I have heard Mr. R.P. Sharma, learned Senior counsel for the appellant and Mr. K. Baishya, learned Addl. P.P.

5. At this point, it would be apposite to discuss the evidence on record.

6. During his evidence PW1 Sri. Utpol Rajkhowa narrated that the incident occurred in the Gohain hotel of Sonari town and he narrated that while he was taking meal in the hotel police arrived there and detained a lady. He further narrated that police asked i to put his signature and accordingly he put his signature in the seizure list. He also narrated that poli