Procedural lapses in the search and seizure process under the NDPS Act raised reasonable doubts, invalidating the conviction of the accused.

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE SHAILENDRA SINGH)

Date : 17-06-2025

Heard Mr. Sanjeev Kumar, learned counsel for the appellants and Ms. Shashi Bala Verma, learned APP for the State.

2. The present criminal appeal has been preferred by the appellants namely, Ashraf Ali Ansari @ Ashraf Ali and Bablu Hazam against the judgment of conviction and order of sentence dated 20.02.2018 passed by the court of learned 5^th Additional Sessions Judge, Bettiah, West Champaran, in connection with Trial No. 32 of 2013 arising out of Bettiah Town P.S. Case No. 716 of 2012 registered under sections 20, 22, 23, 24, 27A and 29 of the Narcotic Drugs And Psychotropic Substances Act, 1985 (in short ‘NDPS Act’), whereby the appellants have been convicted under Section 20 (b)(ii)(c) of the NDPS Act and sentenced to undergo rigorous imprisonment for 15 years with a fine of Rs. 1,00,000/- (rupees one lakh) each.

Prosecution Story :-

3. The prosecution story in brief as it appears from the FIR is as follows :-

In the night of 05.10.2012 at 2:30 A.M., the informant, namely, Naresh Kumar, Sub-Inspector-cum-Station House Officer of Town police station, Bettiah got a secret information that an infamous and absconding accused Samir Ansari had sent his shooter Ali to shoot one Punnu Srivasatav, a resident of Gulabbagh and the said shooter intended to and is going to make murder attempt on Punnu Srivasatav in the morning of that day. Thereafter, he (informant) recorded a sanha in the police register and also informed the Superintendant of Police (in short ‘SP’), Bettiah about the said secret information and then, as per the direction given by the SP, Bettiah, a special police team led by Sub-Divisional Police Officer (in short ‘SDPO’), Sadar Bettiah, was constituted in which SHOs of Muffasil P.S., Natun P.S., Bariya P.S., Srinagar Pujha P.S., Panpatiya P.S., Manuaapul P.S. and also, some other police officials, namely, Yusuf Ansari, Pramod Kumar Rai, Anil Ram, Pramod Prasad, Mukesh Kumar, Narendra Kumar, Om Prakash Chauhan and Vijay Kumar Sinha, who were posted at the said police stations respectively, were made the members of the said police team and they were divided in four sub teams. As per the informant, he, police Sub-Inspector Yusuf Ansari, Sub-Inspector Vijay Kumar Sinha, Sub-Inspector Anil Ram, all posted at Nagar police station and SHO of Srinagar Pujha P.S. got an instruction to keep vigil and watch at Power House Chowk while the other police officials were deputed at other places. At about 5:30 A.M., a black colour pulsar motorcycle was seen coming from the eastern side which was signaled by the police officials to stop but the riders started fleeing upon seeing the police party, nonetheless they were apprehended by the police officials with the help of other police officials. Thereafter, two persons namely, Pankaj Mohan Singh, a resident of Lal Bazar and Md. Alam, a resident of Nanji Chowk, both under Nagar police station Bettiah, who were passing near to that place during the relevant time, were made witnesses by the police party, in whose presence the intercepted motorcycle bearing registration No. BR22M/2639 was checked and when the two persons who were riding on the motorcycle were asked about their names, they disclosed their names as Ashraf Ali Ansari @ Ashraf Ali (appellant No. 1) and Bablu Hazam (appellant No. 2). Both the appellants were searched by the police party in the presence of Pankaj Mohan Singh and Md. Alam. From the rear part of the waist of Ashraf Ali Ansari, a semi automatic pistol, made in USA, was recovered and the same was found to be loaded with a magazine, in which five live bullets were found.