The conviction of the appellant was overturned due to insufficient evidence of possession and procedural violations under the Narcotic Drugs and Psychotropic Substances Act.

JUDGMENT :

Mridul Kumar Kalita, J.

1) Heard Mr. Taher Ahmed Choudhury, learned counsel for the petitioner. Also heard Ms. Mary L Khiangte, learned Addl. Public Prosecutor.

2) This appeal under Section 415(2) of the BNSS, 2023 has been filed by the appellant, namely, Jalal Hussain Barbhuiya, impugning the Judgment dated 10.06.2025 and the order dated 25.06.2025 by which, the Court of learned Judge, Fast Track Court, Kolasib, convicted the appellant under Section 21(c) of the NDPS Act, 1985 and the appellant was sentenced to undergo rigorous imprisonment for 10 (ten) years and to pay a fine of Rs. 1,00,000/- (One Lakh), in default of payment of fine to undergo further rigorous imprisonment for a period of 6 (six) months.

3) The facts relevant for consideration of the instant appeal, in brief, are that on 20.09.2023, one Mr. Lalengmawia, ASI, Saiphai Police Outpost, lodged an FIR before the Officer-in-Charge of Vairengte Police Station, inter alia, alleging that on the night of 19.09.2023 at about 10:00 p.m., one Bolero vehicle (white in colour) bearing registration No. AS-11-E-6535, coming from the Churachandpur, Manipur towards Silchar, was stopped at Saiphai Police Outpost. It is further alleged in the FIR that during search of the vehicle, 42 nos. of soap cases containing brown-coloured powder, suspected to be heroin, were recovered from the possession of the appellant.

4) On receipt of the aforesaid FIR, Vairengte P.S Case No. 39/2023 was registered under Section 21(c) of NDPS Act, 1985 and the investigation was initiated. After completion of the investigation, the charge-sheet was laid, under Section 21(c) of NDPS Act, 1985, against the present appellant, who was arrested at the spot of recovery of the contraband and he has been detained behind the bars since then. The appellant faced trial while remaining in custody.

5) The trial court i.e., the court of learned Judge, FTC-cum-Addl. Sessions Judge, Kolasib, after going through the materials on record and after hearing the learned counsel for both sides, on 13.03.2024, framed the charge against the appellant under Section 21(c) of the NDPS Act, 1985. When the said charge was read over and explained to the appellant, he pleaded not guilty to the same and claimed to be tried. During the trial, the prosecution side examined 4 (four) prosecution witnesses, including the first informant as well as the Investigating Officer. The appellant was examined under Section 313 of the Code of Criminal Procedure, 1973, during which, he denied the truthfulness of the testimony of the prosecution witnesses. However, the appellant declined to adduce any evidence in his defence. Ultimately, by the Judgment dated 10.06.2025, the trial court convicted and sentenced the appellant in the manner as already described hereinabove. The aforesaid judgment has been impugned in this appeal.

6) Before considering the respective submissions of learned counsels for both sides, let us go through the evidence of the prosecution witnesses, which is available on record.

7) The PW-1, namely, David Lalzirliana, who is the Investigating Officer in this case, has deposed that on 20.09.2023, at about 9:45 a.m., a written FIR was received from ASI Lalengmawia, wherein it was stated that on the night of 19.09.2023, at about 10:00 p.m., one white-coloured Bolero vehicle bearing registration No. AS-11-E-6535, which was coming from Churachandpur, Manipur and proceeding towards Silchar, was detained at Saiphai Police Outpost. During checking of the said vehicle, 42 numbers