Headnote: Acquittal Upheld Where Prosecution Fails to Prove Sealed Custody and Exclusive Possession of Contraband.

On February 1, 2017, police conducted a search of the respondent’s house in village Khatadand based on secret information.

The search led to the recovery of 7 kg of Ganja (cannabis) from the verandah.

The police prepared seizure and sampling panchnamas, allegedly taking two 100-gram samples for chemical analysis.

The respondent was charged under Section 20(b)(ii)(B) of the NDPS Act.

The Trial Court acquitted the respondent on August 16, 2017, finding that the prosecution failed to prove exclusive possession or the integrity of the samples.

The State appealed this acquittal.

1. Whether the Trial Court’s finding that the contraband was not recovered from the exclusive possession of the respondent is perverse.

2. Whether the Trial Court’s finding that the chemical samples were not proved to be part of the material seized via the Baramadgi Panchnama is perverse.

Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, which penalizes the possession of commercial or intermediate quantities of cannabis.

Section 55 of the NDPS Act, which mandates the proper sealing and safe custody of seized contraband to ensure the integrity of the samples sent for chemical examination.

Evidentiary principle of "exclusive possession," requiring the prosecution to prove that the accused had sole control over the recovery site to the exclusion of others.

While 7 kg was seized and 200 grams supposedly removed for sampling, the Japti Mal Supurdagi Panchnama (Ex.P-36) showed the full 7 kg AND the samples were deposited in the Malkhana, which was logically impossible and unexplained.

The Investigating Officer admitted the sample packets were not sealed at the time of seizure.

The acknowledgment from the Regional Science Laboratory (Ex.P-38) noted the absence of a "sample seal" upon receipt, yet the final lab report (Ex.P-39) mysteriously claimed the samples were sealed with "P.S. Bagicha," indicating potential tampering.

The Ganja was found in a verandah which was a "common place" accessible to the respondent’s wife, son, and other family members, thereby failing the test of exclusive possession.

The mandatory procedural safeguards under Section 55 of the NDPS Act regarding the sealing of samples were violated.

The prosecution failed to establish the respondent’s exclusive possession of the contraband.

The appeal was dismissed, and the judgment of acquittal was upheld.