Non-compliance with mandatory provisions of the NDPS Act and contradictions in evidence undermine the prosecution's case, leading to the reversal of conviction.

JUDGMENT :

1) The present appeal is directed against judgment dated 18.03.2024 passed by the learned Principal Sessions Judge, Pulwama (hereinafter referred to as “the trial court”), whereby the appellant has been convicted of offence under Section 20 of NDPS Act in a case arising out of FIR No.42/2018 for offences under Section 8/20 of NDPS Act registered with Police Station, Kakapora Pulwama. Challenge has also been thrown to order 25.03.2024 passed by the learned trial court, whereby the appellant has been sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1.00 lac for having committed the aforesaid offence. In default of payment of fine, the appellant has been directed to undergo simple imprisonment for a further period of three months.

2) As per prosecution case, on 07.08.2018, an information was received in Police Station, Kakapora, from reliable sources that the appellant/accused has concealed a large quantity of contraband substance, namely, Cannabis leaves, in his residential house located at Village Lelhar and that the appellant indulges in illicit trade of the said contraband substance, as a result of which youth of the area have fallen prey to the drug addiction and the people of the area are agitated about it.

3) On the basis of the aforesaid information, FIR No.42/2018 (EXTP-11) for offences under Section 8/20 of NDPS Act came to be registered in P/S Kakapora and the SHO, PW 11 Inspector Sarjan Ahmad, requested the Dy. SP, PW 5 Farooq Ahmad, to proceed on spot. Thereafter PW 11, Inspector Sarjan Ahmad, along with escort comprising PW1 Constable Shameem Ahmad, PW2 Constable Mushtaq Ahmad, PW3 Constable Aijaz Ahmad, PW4 Constable Abdul Hameed, PW7 ASI Nisar Ahmad and other police officials, whose belt numbers are mentioned in the FIR but they have not been cited as witnesses, proceeded on spot. Upon search of the residential house of the appellant that was carried out under the supervision of Dy.SP PW 5 Farooq Ahmad, nine sacks containing Cannabis leaves and one sack containing powdered charas, were recovered. The recovered contraband substance was weighed on spot and the weight of nine bags containing Cannabis leaves was found to be 104.400 kgs whereas the weight of the bag containing powdered charas was found to be 1.200 kgs.

4) The recovered contraband substances were seized and sealed on spot in presence of the witnesses and on the next day, the same were produced before the Executive Magistrate, Kakapora, in whose presence 300 grams of sample from each of the nine sacks of Cannabis leaves were drawn and these were marked as A1, B1, C1, D1, E1, F1, G1, H1 and I1. 200 grams of sample was drawn from the sack containing powdered charas and the same was marked as J1. The samples were sealed and the remaining material was resealed by the Executive Magistrate and handed over to the police for safe custody. It is further case of the prosecution that the samples were sent to FSL, Srinagar, for chemical examination and upon receipt of the report of the FSL, it was found that nine samples drawn from the sacks containing Cannabis leaves were identified as Ganja plant material of cannabis whereas charas was detected in the sample drawn from the sack containing powdered charas. The appellant/accused was arrested on 21.07.2019 and upon completion of investigation of the case, he was found to have committed the offences under Section 8/20 of NDPS Act. Accordingly, the challan was laid before the learned trial court on 21.09.2019.

5) Vide order dated 14.10.2019, charge for offence under Section 8/20 of NDPS Act was framed against the appellant/accused and his plea was recorded. The appellant denied the charges and claimed to be tried. Accordingly, prosecution was directed to lead evidence in support of the charges. The prosecution, in order to prove the charges, examined all the twelve witnesses cited in the challan, whereafter statement of the appellant/accused under Section 313 of Cr. P.