HC Affirms 10-Year Sentence for Ganja Smuggling Despite Procedural Irregularities in Sampling

The case arose from a secret tip-off received by the Directorate of Revenue Intelligence (DRI), Raipur, regarding the illegal transport of ‘Ganja’ (Cannabis) in a truck traveling from Odisha to Raipur. On April 5, 2021, the DRI intercepted the vehicle near Arang, Chhattisgarh. Upon inspection, 46 plastic bags containing a total of 931.10 kg of Ganja were recovered from a secret cavity in the truck. The appellants, Vikash Kumar Ray and Amrit Kumar Sahu, were arrested from the vehicle. The prosecution alleged that the samples were drawn on the spot in the presence of witnesses.

The appellants challenged the conviction primarily on the grounds that the mandatory procedure under Section 52-A of the NDPS Act, which requires samples to be drawn in the presence of a Magistrate, was not strictly followed, thereby vitiating the trial.

Main Issue: Whether the non-compliance with the mandatory procedure of drawing samples in the presence of a magistrate under Section 52-A of the NDPS Act is per se fatal to the prosecution’s case and whether the evidence on record was sufficient to sustain the conviction despite such procedural lapses.

HC Held: The Division Bench of High Court upheld the conviction and the 10-year rigorous imprisonment sentence. The Court held that while Section 52-A is a vital safeguard, a lapse in its compliance is not “per se fatal” if the overall evidence credibly establishes the recovery and possession of the contraband. The Court noted that the identity of the seized material was clearly established through the FSL report and the testimony of independent witnesses and DRI officers.

The Bench emphasized that procedural technicalities should not overshadow substantive evidence when the “totality of circumstances” confirms the guilt. While the Court affirmed the conviction of the two appellants, it simultaneously dismissed the DRI’s appeal against the acquittal of a third co-accused (Pawan Kumar), finding the Trial Court’s view on his lack of involvement to be a plausible one.

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