Compliance with mandatory provisions of the N.D.P.S. Act is crucial, and non-compliance may lead to the acquittal of the accused despite the presence of evidence.

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI

Date: 18-11-2016

Against the judgment of conviction and sentence impugned all these appeals have arisen on account thereof have been heard together and are being decided by a common judgment.

2. Appellant Md. Raja (Cr. Appeal (DB) No.1102 of 2013), appellant Md. Salim (Cr. Appeal (DB) No.1078 of 2013), appellant Md.Farukh (Cr. Appeal (DB) No.1099 of 2013), appellant Inamul @ Md. Inamul (Cr. Appeal (DB) No.1076 of 2013), appellant Bikash Yadav (Cr. Appeal (DB) No.33 of 2014) and appellant Sandeep Kumar Singh (Cr. Appeal (DB) No.1089 of 2013) have been found guilty u/s 20 as well as 22 of the N.D.P.S. Act vide judgment of conviction dated 3.10.2013, and each one has been independently sentenced to undergo rigorous imprisonment for 15 years as well as fine of Rs.1 lac, in default thereof to undergo rigorous imprisonment for two years, additionally, under both heads, respectively, with a further direction to run the sentences concurrently, vide order of sentence dated 21.10.2013 by 1^st Additional Sessions Judge cum Special Judge, Bhagalpur in N.D.P.S. Case No.3270 of 2010 arising out of Sahkund Police Station case no. 187 of 2010.

3. On getting confidential information that narcotic substance was to be carried by smugglers, a raiding party was constituted under the leadership of the informant Sanjay Kumar, Officer-in-charge of Shahkund Police Station as well as Sitaram Das, Circle officer of Shahkund block, came to destination Kiranpur More where they waited for arrival of the smugglers. After some time, three motorcycles ridden smugglers were seen who were signalled to stop and during course thereof, two persons having been ridden over a motorcycle succeeded in their escape leaving one bag, while four persons along with motorcycles possessing two bags, one each by the pillion rider were apprehended. Furthermore, on opening of the bag 12 packets of Ganja, weighing 136 kilograms was seized. The apprehended persons disclosed their identity as Md. Raja, Md. Salim, Bikash Yadav and Sandeep Kumar as well as also disclosed identity of their associates who managed to escape as Md. Inamul as well as Md. Farukh.

4. Self statement of the Officer-in-charge Sanjay Kumar (PW 3) was recorded to this effect whereupon Sahkund Police Station Case No. 187 of 2010 was registered under sections 20 and 22 of the N.D.P.S. Act . Furthermore, as is evident, that the bags were deposited before the I.O., Ranjan Kumar by the informant, whereupon investigation commenced and completing the same, charge sheet was submitted, whereupon the trial concluded in a manner which is subject matter of the instant appeal.

5. The defence, as is evident from the mode of cross examination of the witnesses as well as statement recorded under section 313 of the Cr.P.C. is that of complete denial of occurrence. Furthermore, there happens to be substantive disclosure that appellants were falsely implicated and to substantiate the same, apart from the documentary evidence altogether 10 DWs have also been examined.

6. In order to substantiate its case, the prosecution had examined altogether 10 PWs. out of whom PW 1 is Krishna Deo Paswan, PW 2 is Md. Rinku, PW 3 is Sanjay Kumar, PW 4 is Sitaram Das, PW 5 is Lakhindra Prasad Singh, PW 6 is Kaushal Kumar, PW 7 is Rajesh Sah, PW 8 is Shanker Paswan, PW 9 is Ranjan Kumar and PW 10 is Suresh Paswan. Side by side it has also exhibited Ext.1 which is a signature of Krishna Deo Paswan on the seizure list, Ext. 1/1 is the signature of Md. Rinku on seizure list, Ext. 1/2 is writing and signature of Sanjay Kumar, Ext.2 is self statement, Ext.3 is formal FIR, Ext. 4 is seizure list a