Simplified Explanation of the Judgment

The Patna High Court recently set aside the conviction of an individual accused under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, highlighting serious procedural lapses by the prosecution. This case concerned the alleged recovery of 35 kilograms of ganja from a house during a police raid in Begusarai District, Bihar.

The appellant was originally convicted under Section 20(b)(ii)(C) of the NDPS Act by the Special Judge, NDPS Court, Begusarai, and sentenced to 10 years of rigorous imprisonment along with a fine of ₹1,00,000. Upon failing to pay the fine, he was required to serve an additional two years of imprisonment. The appellant challenged this conviction before the Patna High Court.

The incident began when the Officer-in-Charge of Bhagwanpur Police Station, acting on a confidential tip, organized a raid at the appellant’s house in Mokhtiyarpur village. No one was home during the raid, but police claimed to recover three plastic bags containing 35 kg of ganja hidden under a heap of straw in the veranda. A seizure list was prepared, and the ganja was brought back to the police station.

During the trial, the prosecution produced nine witnesses, including the informant officer, members of the raiding party, and the investigating officer. They also presented physical evidence, including the seized ganja packets and a Forensic Science Laboratory (FSL) report.

However, the High Court found multiple legal and procedural failings:

1. No proper identification of the accused: None of the prosecution witnesses identified the appellant in court. In criminal trials, identification of the accused in the courtroom is a crucial element of evidence. This omission cast serious doubt on the prosecution’s claim.
2. No proper identification of the house: Witnesses could not definitively state that the house from which the ganja was recovered belonged to the appellant. Some admitted they did not know who owned the house, and others said they relied on unidentified villagers to point it out.
3. Non-compliance with NDPS procedures: The most serious lapse was the failure to follow mandatory procedures under Section 52A of the NDPS Act and the Standing Order 1/89. The police failed to seal the recovered ganja on the spot and did not draw samples in accordance with the law. The prosecution could not prove how the seized substance was preserved or transmitted for forensic testing.
4. Violation of Section 42(2) of the NDPS Act: The police failed to inform their superior officers about the recovery of ganja from the house, as required by Section 42(2) when conducting a raid without a warrant.

Because of these major irregularities, the court concluded that the prosecution failed to establish the appellant’s guilt beyond a reasonable doubt. The conviction was overturned, and the appellant was ordered to be released immediately.

Significance or Implication of the Judgment

This ruling serves as a critical reminder to law enforcement agencies about the importance of strictly adhering to procedural safeguards under the NDPS Act. The NDPS law prescribes harsh penalties, and procedural lapses—especially in matters of seizure, sample collection, and identity verification—can lead to acquittal even in cases of serious alleged offenses.

For the public, the judgment reinforces the principle that no person can be punished unless proven guilty through legally admissible and properly collected evidence. For government authorities, especially the police, it underlines the need for rigorous training and internal checks to ensure compliance with legal mandates.

Legal Issue(s) Decided and the Court’s Decision with Reasoning

• Whether the prosecution established the identity of the accused?
  • No. None of the prosecution witnesses identified the accused in court.
• Was the house from which the ganja was seized correctly identified as belonging to the accused?
  • No. Witnesses gave conflicting or uncertain testimony about the ownership of the house.
• Were the provisions of the NDPS Act regarding seizure and sampling followed?
  • No. The ganja was not sealed at the site; no samples were taken on the spot; the FSL sample dispatch was delayed; and proper documentation was missing.
• Was there a violation of Section 42(2) of the NDPS Act?
  • Yes. The police did not report the seizure to superior officers, as mandated.
• Conclusion:
  • The court held that the trial court erred in convicting the accused given the absence of key evidence and procedural compliance. The conviction and sentence were quashed.

Judgments Relied Upon or Cited by Court

• Union of India v. Mohanlal & Anr., (2016) 3 SCC 379

Case Title

Raj Kumar @ Raj Kumar Singh @ Kakari Jha @ Kakari Singh vs. The State of Bihar

Case Number

Criminal Appeal (SJ) No.495 of 2018
Arising out of Bhagwanpur P.S. Case No.155 of 2016

Citation(s)

2021(1)PLJR 71

Coram and Names of Judges

Hon’ble Mr. Justice Aditya Kumar Trivedi

Names of Advocates and who they appeared for

• For the Appellant: Mr. Ajay Kumar Thakur, Mr. Nilesh Kumar, Ms. Swati Sinha (Advocates)
• For the Respondent: Mr. Sujit Kumar Singh, APP

Link to Judgment

https://patnahighcourt.gov.in/viewjudgment/MjQjNDk1IzIwMTgjMSNO-0ET8jij9–ak1–0E=

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