In Manoj Yadav vs. The State of Bihar (2026), Patna High Court's Division Bench of Justices Bibek Chaudhuri and Dr. Anshuman delivered a 39-page long judgement dated May 11, 2026, wherein, it concluded:"89. Consequently, this Court is of the considered opinion that the prosecution has failed to prove its case against the appellant beyond reasonable doubt and the appellant is entitled to benefit of doubt.....this Court deems it appropriate to observe that cases arising under the NDPS Act require strict adherence to the statutory safeguards prescribed under the Act. The investigating agency is expected to ensure scrupulous compliance of the mandatory procedural requirements relating to search, seizure, sampling and preservation of seized narcotic substances so as to maintain the sanctity and credibility of the prosecution case." It was heard along with Sheikh Amrullah vs. The State of Bihar (2026). The judgement also concluded:"91. The judgment of conviction, dated 14.05.2025 and the order of sentence, dated 19.05.2025, passed by the learned Exclusive Special Judge, NDPS Court No. II, East Champaran, Motihari in NDPS Case No. 10 of 2024, arising out of Ramgarhwa P.S. Case No. 277 of 2023, so far as it relates to the present appellant Sheikh Amirullah, are hereby set aside." The judgement was authored by Justice Chaudhury.
The criminal appeal was preferred by the appellant against the judgment of conviction dated May 14, 2025 and the order of sentence dated May 19, 2025 passed by the Exclusive Special Judge, NDPS Court No. II, East Champaran, Motihari in NDPS Case No. 10 of 2024, arising out of Ramgarhwa P.S. Case No. 277 of 2023. By the impugned judgment, the Trial Court held the appellant along with co-accused persons guilty for the offences punishable under Sections 20(b)(ii)(c), 23 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and sentenced them to undergo rigorous imprisonment for fourteen years along with fine of Rs.1,00,000/ each.
The appellant, namely Sheikh Amirullah, who was arrayed as accused no. 2 before the Trial Court, had assailed the judgment on the ground that the conviction was recorded without proper appreciation of the evidence on record and in complete disregard of the mandatory safeguards provided under the NDPS Act. The prosecution case arose out of an alleged recovery of charas of commercial quantity was said to have been made from the possession of the accused persons on July 5, 2023, leading to institution of the police case and subsequent trial culminating in conviction. Being aggrieved by the recorded findings of the Trial Court and the sentence imposed, the appeal was filed seeking interference of the High Court.
The prosecution case emerged from the written report of the informant and the evidence adduced during trial, was that on July 5, 2023 at about 19:30 hours, the informant, namely Indrajeet Paswan, who was then posted as Officer-in-Charge of Ramgarhwa Police Station, along with other police personnel, proceeded on patrolling duty from the police station. It was stated that while the police party was engaged in routine checking of vehicles near Bela Canal Chowk, two motorcycles were seen approaching from the side of Ramgarhwa market. One motorcycle was being driven by a single person, while on the other motorcycle, two persons were riding. On noticing the police party, the accused persons allegedly turned their motorcycles and attempted to flee towards the market side, which aroused suspicion. The police party immediately chased the motorcycles and succeeded in intercepting them near Semar Chowk.
Upon interception, the persons riding the motorcycles were apprehended and their identities were ascertained. The person on the first motorcycle disclosed his name as Manoj Yadav, whereas the two persons on the second motorcycle disclosed their names as Suresh Prasad Kushwaha and Sheikh Amirullah, the appellant. Upon questioning regarding the articles carried by them, the accused persons allegedly became nervous and gave evasive replies. Thereafter, the police decided to conduct search of their persons as well as the bags allegedly carried by them.
According to the prosecution, before conducting the search, the accused persons were informed about their legal right under Section 50 of the NDPS Act, and it was alleged that they consented to be searched by the police party itself. Thereafter, the contraband articles were seized, seizure list was prepared at the place of occurrence, and the accused persons were taken into custody.
On the basis of the written report of the informant, a Ramgarhwa P.S. Case of 2023 was registered under the relevant provisions of the NDPS Act, and investigation was taken up. Upon completion of investigation, charge-sheet was submitted against the accused persons, whereafter cognizance was taken and the case was committed for trial. Upon completion of investigation, charge-sheet was submitted against the accused persons, whereafter cognizance of the offences under Sections 20(b)(ii)(c), 23 and 25 of the NDPS Act was taken and the case was committed to the Court of Exclusive Special Judge, NDPS, where it came to be registered as NDPS Case No. 10 of 2024. Charges were framed on June 19, 2024 against all the accused persons. The contents of the charges were read over and explained to them in vernacular, to which they pleaded not guilty and claimed to be tried.
In order to bring home the charges, the prosecution examined altogether six witnesses. Upon a careful reading of their cross-examination, it appears that these witnesses have not been able to furnish clear and consistent details regarding the manner in which the seized articles were handled after recovery. There is no definite evidence regarding sealing of the contraband at the place of occurrence, nor is there any clarity as to the procedure adopted for sampling. It also came on record that although public persons were present, none were made witnesses to the seizure and no explanation, except a general statement of refusal, was substantiated.
Justice Chaudhury observed: "29. Thus, the entire case of the prosecution rests upon the testimony of police witnesses and the documents prepared during investigation, without any independent corroboration with respect to the alleged recovery, search and subsequent handling of the seized contraband."
Justice Chaudhury added: "29. After referring to the earlier judgments, the Constitution Bench came to the conclusion that non-compliance with requirement of Sections 42 and 50 is impermissible whereas delayed compliance with satisfactory explanation will be acceptable compliance with Section 42. The Constitution Bench noted the effect of the aforesaid two decisions in para 5. The present is not a case where insofar as compliance with Section 42(1) proviso even an argument based on substantial compliance is raised there is total non-compliance with Section 42(1) proviso. As observed above, Section 43 being not attracted, search was to be conducted after complying with the provisions of Section 42. We thus, conclude that the High Court has rightly held that non-compliance with Section 42(1) and Section 42(2) were proved on the record and the High Court has not committed any error in setting aside the conviction order.
Upon hearing and upon consideration of the materials available on record, the following questions arise for determination in the appeal before the Division Bench: (i) Whether the prosecution has been able to prove beyond reasonable doubt that the alleged contraband was recovered from conscious and exclusive possession of the appellant in the manner alleged? (ii) Whether the prosecution has complied with the mandatory requirements of Sections 42, 52A, 55 and 57 of the NDPS Act in course of search, seizure, sampling and subsequent handling of the seized articles? (iii) Whether the prosecution has been able to establish a complete and reliable chain of custody with respect to the alleged seized contraband from the stage of seizure till forensic examination? (iv) Whether non-examination of seizure witnesses, non-production of seized contraband before the Court and the contradictions appearing in the evidence of prosecution witnesses create reasonable doubt in the prosecution case? (v) Whether the conviction and sentence recorded by the learned Trial Court can be sustained in the facts and circumstances of the present case?
The judgement reads: "60. The prosecution case rests entirely upon the testimony of official witnesses. Admittedly, no independent witness has been examined in the present case, although the prosecution itself asserts that several persons had assembled at the place of occurrence. The prosecution has sought to explain such non-examination by stating that public persons declined to become witnesses. However, except such bald assertion, no material has been brought on record to show that any sincere effort was made to secure participation of independent persons. 61. It further appears from the record that even the chowkidars, namely Nawal Kishore Rai and Raushan Kumar Patel, who according to the prosecution were present during the alleged search and seizure, have not been examined during trial. No satisfactory explanation has been furnished regarding their non-examination. In a case resting solely upon police witnesses, non-examination of such material witnesses assumes significance and creates doubt regarding fairness of the alleged recovery proceedings."
It has recorded: "66. The evidence on record further reveals serious infirmities with regard to seizure, sampling and preservation of the alleged contraband. PW-1, PW-2 and PW-3, though members of the raiding party, have not stated anything regarding sealing of the seized articles at the place of occurrence or drawing of samples at the spot. Their evidence is conspicuously silent regarding the manner in which the
seized contraband was preserved after seizure. 67. The evidence of PW-6, the Investigating Officer, assumes considerable importance in this regard. In paragraph 40 of his evidence, he has admitted that samples were not drawn at the place of occurrence. In paragraph 42, he has stated that he was not aware as to when and where the seized articles were sealed. He has further stated that samples were drawn on 15.10.2023, i.e., more than three months after the alleged seizure dated 05.07.2023....70. Another important aspect which cannot be ignored is that the prosecution has failed to prove preparation of inventory in accordance with Section 52A of the NDPS Act. There is no evidence to show that samples were drawn before a Magistrate or that any inventory was certified as required under law.....72. This Court also finds substance in the submission advanced regarding non-production of the seized contraband before the Court. The alleged seized article has not been produced and marked as material exhibit during trial. In
Vijay Jain vs. State of Madhya Pradesh, reported in (2013) 14 SCC 527 it has been held that failure to produce the seized contraband before the Court creates serious doubt regarding the prosecution case."
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