Patna High Court detects error in sentencing order by Birendra Kumar Choubey as Additional Sessions Judge, NDPS, asks trial court to rectify its defect within one week

In Nav Kumar Ojha vs. The Union of India through the Intelligence Officer, Narcotics Control Bureau, Patna (2026), Patna High Court's Division Bench of Justices Rajeev Ranjan Prasad and Praveen Kumar passed an order dated February 18, 2026. The order reads: "Let the certified copy of the impugned judgment be sent down to the learned trial court pointing out the defect. On receipt of the same, the learned trial court shall look into the same and send a duly corrected copy of the impugned judgment to this Court within a period of one week from the date of receipt of the communication....3. List this case on 12.03.2026 under appropriate heading." The order was authored by Justice Prasad. Dr. Gopal Krishna is the counsel for the appellant. Out of the four accused persons in the N.C.B Case No. 01 of 2021, Nav Kumar Ojha, a resident of Bokaro, Jharkhand is the third person who was convicted by Birendra Kumar Choubey, 8th Additional Sessions Judge, Cum, Special Judge for NDPS Cases at Bhojpur, Ara, in N.D.P.S. Case No.- 06 of 2021. The four named accused persons were: 1. Shankar Yadav, 2. Pritam Lakda, 3. Bijendra Kumar Rai and 4. Nav Kumar Ojha. Bijendra Kumar Rai, the third accused was acquitted by the trial court.  

Nav Kumar Ojha, the appellant in question was convicted for the offences punishable under sections 20 (B)(ii)(C) and section 25 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The appellant has preferred the appeal against the judgment of conviction dated May 9, 2023 and order of sentence dated May 17, 2023 passed by 8th Additional Sessions Judge, Cum, Special Judge for NDPS Cases at Bhojpur, Ara. 

The Registry of the High Court has pointed out that "Year of sentence at last page of I.O is not matching with 1st page (below chart)". The year of sentence on last page of the impugned order (I.O.), the trial court's sentencing order is 2023 but the year of sentencing order on the 1st page is 2022. 

Significantly, the decision of the Additional District and Sessions Judge-VIII, Ara, Bhojpur did not find sufficient evidence of criminal conspiracy against the three accused persons including Nav Kumar Ojha. Therefore, he exonerated them of offence under Section 29 of the NDPS Act.  

Section 29 of the Act deals with "Punishment for abetment and criminal conspiracy" It reads:—(1) Whoever abets, or is a party to a criminal conspiracy to commit, an offence punishable under this Chapter, shall, whether such offence be or be not committed in consequence of such abetment or in pursuance of such criminal conspiracy, and notwithstanding anything contained in section 116 of the Indian Penal Code (45 of 1860), be punishable with the punishment provided for the offence. (2) A person abets, or is a party to a criminal conspiracy to commit, an offence, within the meaning of this section, who, in India, abets or is a party to the criminal conspiracy to the commission of any act in a place without and beyond India which—(a) would constitute an offence if committed within India; or (b) under the laws of such place, is an offence relating to narcotic drugs or psychotropic substances having all the legal conditions required to constitute it such an offence the same as or analogous to the legal conditions required to constitute it an offence punishable under this Chapter, if committed within India. 

It is evident from the joint reading of the trial court's judgement and Section 29 that Nav Kumar Ojha is not involved in any criminal conspiracy. It is also crystal clear that he is neither an abettor nor a party.   

Granting benefit of doubt with regard to accusations under Section 20 (B) (ii), (C) and Sections 25 and 29 of NDPS Act, he acquitted Bijendra Kumar Rai, the main accused and released him from judicial custody. 

In the concluding sentence of his 84 page long judgement dated May 9, 2023, Virendra Kumar Choubey, Additional District and Sessions Judge-VIII fixed May 17, 2023 for hearing on the point of sentencing, eight days after his date of posting-May 9, 2023-as Additional District and Sessions Judge-I, Madhepura.  

In the sentencing order dated May 17, 2023, Virendra Kumar Choubey, Additional District and Sessions Judge-VIII sentenced Shankar Yadav, Pritam Lakra and Nav Kumar Ojha of 15 years of rigorous imprisonment and fine of Rs 1 lakh. In case the fine is not submitted, the convicts will have to remain in prison for another six months.      

Notably, as per High Court's website, the judge in question was posted as District and Additional Sessions Judge, Madhepura on May 9, 2023, i.e. the date on which he delivered the judgment of conviction dated May 9, 2023 as 8th Additional Sessions Judge, Cum, Special Judge for NDPS Cases at Bhojpur, Ara, in N.D.P.S. Case No.- 06 of 2021. He passed the order of sentence on May 17, 2023. 

It is apparent that there is another error which has escaped High Court's attention. Is it possible for a judge remain posted at Bhojpur and Madhepura at the same time?. Is it possible for a judge to pass an order of sentence as 8th Additional Sessions Judge, Cum, Special Judge for NDPS Cases at Bhojpur, Ara and be posted at Madhepura District and Additional Sessions Judge, Madhepura on May 17, 2023?

Also read: Criminal appeal of Jharkhand residents in NDPS case related to 9 quintals of ganja is before the High Court  

Patna High Court seized with NDPS case of 2021, driver Shankar Yadav was to get Rs 15,000, Pritam Lakra worked pro bono