Case Background
This case arose from a late-night police raid connected with alleged narcotics trafficking in West Champaran district.
On 10.02.2018 at about 10:00 p.m., police personnel attached to Bettiah Muffasil Police Station were on a raid under the leadership of a Sub-Inspector of Police, Ramadhar Ram. While on this raid, he received information from the Station House Officer of Bettiah Muffasil Police Station directing the team to return to the police station and prepare for a special raid at village Amawa Majhar.
Acting on this direction, the police party under the same Sub-Inspector reached village Amawa Majhar on 11.02.2018 at about 12:30 a.m. at night. On the basis of previous information, they surrounded the house of the present appellant, Vijay Mukhiya. Two local persons, Jagdish Mukhiya and Sunil Sahni, were called to act as independent witnesses for search and seizure.
The police searched the house of the appellant but did not recover any incriminating material from inside the rooms. However, on the roof of the house they found a blue coloured half jacket containing 15 packets of some material. On bare examination, the packets were said to smell like Charas. The police claimed to have recovered and seized 15 packets of Charas weighing about 6 kg and 300 grams from this jacket under a seizure list prepared in the presence of the appellant and the witnesses.
The appellant was arrested. On 11.02.2018, Sub-Inspector Ramadhar Ram submitted a written report to the Station House Officer of Bettiah Muffasil Police Station. On the basis of this written complaint, a case under Sections 21, 22 and 23 of the Narcotic Drugs and Psychotropic Substances Act (N.D.P.S. Act) was registered against the appellant in Muffasil P.S. Case No.60 of 2018.
Sub-Inspector Laxman Prasad Singh took up investigation. He examined witnesses and sent the seized substance to the Regional Forensic Science Laboratory, Muzaffarpur. The FSL report stated that the seized material was Charas, a cannabis plant product whose chief psychoactive ingredient is Tetra Hydro Cannabinal (THC).
On 05.05.2018, charge sheet was filed against the appellant under Sections 21, 22 and 23 of the N.D.P.S. Act before the Sessions Judge, Bettiah. The Sessions Judge took cognizance under Section 193 Cr.P.C. on 10.05.2018.
Charges were then framed against the appellant under Sections 20(b)(ii)(c), 22(c) and 23(c) of the N.D.P.S. Act. The appellant pleaded not guilty and claimed trial.
During the trial, the prosecution examined six witnesses, all of whom were police personnel associated with the raid or investigation. The appellant was examined under Section 313 Cr.P.C., where he denied knowledge of any jacket or Charas being on his roof and stated that the jacket did not belong to him.
The appellant also examined two defence witnesses, Jagdish Mukhiya and Bharat Ram, who had originally been cited as independent seizure witnesses for the prosecution. They instead supported the defence version.
What the Court Examined and Decided
The Patna High Court, through Hon’ble Mr. Justice Bibek Chaudhuri (for the Bench also comprising Hon’ble Dr. Justice Anshuman), carefully reviewed the entire evidence and arguments in this criminal appeal.
The defence case, as argued by the appellant’s counsel, had several main points.
First, it was argued that all prosecution witnesses were police personnel, even though the seizure was allegedly made in the presence of two independent local witnesses. Those independent witnesses were not examined by the prosecution. Instead, they appeared as defence witnesses and stated that the appellant was a man of noble character, not involved in narcotic drugs, and that he had been falsely implicated due to enmity with one neighbour, Chandeshwar, who allegedly was engaged in illicit liquor business. The Court took note of the fact that the independent witnesses did not support the prosecution version.
Second, the defence highlighted that no incriminating material was found inside the rooms of the appellant’s house. The alleged contraband was recovered only from a jacket lying on the roof. The roof, according to the appellant’s counsel, was accessible to others and anyone could have thrown a jacket containing narcotic substances onto it. Therefore, it was submitted that the Charas was not recovered from the “conscious physical possession” of the appellant.
Third, the defence pointed out contradictions in the prosecution evidence regarding the exact place on the roof from which the jacket was recovered. PW-1 stated it was from the middle of the roof. PW-2 said from the northern side railing. PW-3 said it was from the southern side of the roof. These inconsistencies raised doubt about the reliability of the seizure story.
Fourth and most importantly, serious procedural lapses were alleged regarding seizure, sealing, labelling and sampling of the narcotic substance, as required under the N.D.P.S. Act and related Standing Instructions. The appellant’s counsel argued that:
- There was no evidence that the seized Charas packets were immediately sealed and labelled at the place of seizure in the presence of independent witnesses.
- No label or seal sample was produced during trial.
- The Malkhana register was not produced, so it was not shown that the seized articles were properly kept and then sent to the FSL.
- The prosecution failed to show that proper “sample seizure” was prepared. The FSL report (Exhibit-4) mentioned receiving one plastic container wrapped in cloth with two tin containers, but there was no evidence how or when the samples were drawn from the 15 packets.
- The sampling was not done before a Magistrate; there was no label on the samples; there was no proof that the samples truly came from the seized packets.
- There was non-compliance of procedural safeguards under Sections 42, 52A, 55 and 57 of the N.D.P.S. Act.
The State’s counsel supported the trial court’s conviction and sentence, but the High Court focused on whether the prosecution had been able to strictly prove seizure and handling of the contraband.
The Court agreed with the appellant on the crucial issue of procedural lapses. It found that the seized narcotic substance was not sealed and labelled in the presence of independent witnesses immediately after seizure. As per the prosecution case, 15 packets of Charas were recovered on 11.02.2018. Yet the sample was sent to the FSL only on 11.04.2018, after about two and a half months.
There was no evidence that the seized substance was produced before the Chief Judicial Magistrate or any Magistrate in sealed condition. There was no record that the Magistrate opened the seal and supervised drawing of samples from each of the 15 packets for certification, as contemplated under Section 52A of the N.D.P.S. Act.
The Court also noted the absence of any evidence about where the seized substance was kept during this two-and-a-half-month interval. This, in the Court’s view, amounted to clear violation of Section 52A of the N.D.P.S. Act and seriously weakened the prosecution case.
To support its reasoning, the Patna High Court relied on several earlier decisions.
It referred to a coordinate Bench judgment in Criminal Appeal (DB) No.21 of 2023, Nek Mohammad @ Raj Mohammad vs. State of Bihar, decided on 25.07.2025, for guidance on compliance with Section 52A.
The Court then discussed its earlier ruling in Abdul @ Ziya and others vs. State of Bihar, reported in 2015(4) PLJR 153. In that case, the Court had held that there was no evidence of sealing of seized articles at the place of seizure or of drawing samples in the presence of the accused. It held that non-collection of sample at the initial stage of seizure was a defect that could not later be cured.
In Abdul @ Ziya, the Court had followed the Supreme Court decision in Kuldip Singh vs. State of Punjab, (2010) 10 SCC 219, which held that belated and irregular sampling could not repair such defects.
The Patna High Court also referred to the Supreme Court decision in Noor Aga vs. State of Punjab, (2008) 16 SCC 417. In that judgment, the Supreme Court emphasised that guidelines such as the Standing Instruction No.01 of 1988 issued by the Narcotics Control Bureau must be substantially complied with. These instructions have statutory backing, and substantial compliance is necessary to preserve the sanctity of physical evidence. Failure to do so leads to an adverse inference against the prosecution.
The Court noted another important aspect: the FSL report did not mention the seal impression on the samples it received. There was no evidence about when the samples were taken, how they were taken, whether they were drawn in the presence of a Judicial Magistrate, and whether any countersignature of the Magistrate was obtained. This further undermined the link between the seized packets and the samples examined by the laboratory.
The Court then discussed the recent Supreme Court decision in Bharat Aambale vs. State of Chhattisgarh, 2025 SCC OnLine SC 110. In that case, the Supreme Court clarified the scope of Section 52A(4), explaining that inventories, photographs and samples certified by a Magistrate must be treated as primary evidence, subject to substantial compliance with the prescribed procedure and Standing Orders. The judgment summarised principles on how Section 52A safeguards should be applied and when lapses may lead to an adverse inference against the prosecution.
Relying on these authorities, the Patna High Court held that in cases under the N.D.P.S. Act, where mere possession of contraband attracts severe punishment, the prosecution must strictly prove possession, seizure, sealing and sampling. When there is “absolute paucity of evidence” on these foundational aspects, an accused cannot be held guilty.
In the present case, the Court noted the combination of:
- lack of immediate sealing and labelling in the presence of independent witnesses,
- failure to produce Malkhana records or show safe custody,
- absence of Magistrate-supervised sampling under Section 52A,
- delay of over two months in sending samples to FSL,
- absence of seal details in the FSL report, and
- contradictions about the place of recovery and independent witnesses turning hostile to the prosecution.
Taking these factors together, the Court found that the prosecution had not established a secure and reliable chain of custody of the alleged Charas. The mandatory requirements for search and seizure under the N.D.P.S. Act had not been appreciated correctly by the trial court.
Accordingly, the Patna High Court set aside the judgment of conviction dated 29.05.2019 and the order of sentence dated 31.05.2019 passed by the District and Sessions Judge, Bettiah, West Champaran in Trial No.18 of 2018. The criminal appeal was allowed on contest.
The Court directed that the appellant be released at once, if not wanted in any other case. It further ordered that the seized narcotic substance be destroyed after expiry of the period of filing an appeal before the Hon’ble Supreme Court.
Why This Judgment Matters
This decision is significant for anyone facing allegations under the N.D.P.S. Act, especially in Bihar.
The Patna High Court has made it clear that in narcotics cases, where punishments are very harsh, the police must strictly follow legal procedures while seizing, sealing and sampling contraband. If they fail to do so, even serious charges like those involving multiple kilograms of Charas cannot stand.
For ordinary citizens, this judgment shows that courts will not accept a conviction only because the police claim to have found drugs. The chain of evidence must be reliable from the place of seizure up to the forensic lab. Independent witnesses, proper sealing, Magistrate-supervised sampling and timely dispatch to FSL are all crucial.
For investigating agencies, the case is a reminder that non-compliance with Section 52A and related guidelines can lead to acquittal, and that courts will draw adverse inferences when records about sealing, custody and sampling are missing or incomplete.
Legal Issues and Answers
- Issue: Whether the conviction under Sections 20(b)(ii)(c), 22(c) and 23(c) of the N.D.P.S. Act could stand when there were serious doubts about seizure, sealing and sampling of the alleged Charas.
Answer: No. The Patna High Court held that due to non-compliance with Section 52A and other safeguards, lack of proof of sealing, absence of Magistrate-supervised sampling, and missing chain-of-custody evidence, the prosecution failed to prove its case beyond reasonable doubt. The conviction and sentence were set aside. - Issue: Whether delay and irregularity in drawing and sending samples to FSL can be overlooked in N.D.P.S. cases.
Answer: No, not in the circumstances of this case. The Court, relying on earlier Patna High Court and Supreme Court decisions, held that non-collection of samples at the initial stage and failure to follow Standing Instructions and Section 52A procedure are serious defects that could not be cured later in the manner adopted here. - Issue: Whether, in the absence of strict proof of possession and procedural compliance, statutory presumptions under the N.D.P.S. Act can be invoked against the accused.
Answer: No. Following the principles in Bharat Aambale and other cases, the Court held that when there are lapses in following Section 52A and doubts about seizure and custody, it is not proper to rely on statutory presumptions to uphold conviction.
Cases Cited by the Court
- Nek Mohammad @ Raj Mohammad vs. State of Bihar, Criminal Appeal (DB) No.21 of 2023, judgment dated 25.07.2025 (Coordinate Bench of Patna High Court).
- Abdul @ Ziya and others vs. State of Bihar, 2015(4) PLJR 153 (Patna High Court).
- Kuldip Singh vs. State of Punjab, (2010) 10 SCC 219 (Supreme Court of India).
- Noor Aga vs. State of Punjab, (2008) 16 SCC 417 (Supreme Court of India).
- Bharat Aambale vs. State of Chhattisgarh, 2025 SCC OnLine SC 110 (Supreme Court of India).
Case Details
Case Number: Criminal Appeal (DB) No.879 of 2019, arising out of Muffasil P.S. Case No.60 of 2018, West Champaran.
Case Title: Vijay Mukhiya vs. State of Bihar.
Coram: Hon’ble Mr. Justice Bibek Chaudhuri and Hon’ble Dr. Justice Anshuman.
Citation: 2026 (3) PLJR 59.
Advocates: Mr. Dhananjay Kumar, Advocate, and Mr. Sanjeev Kumar Shrivastava, Advocate, for the appellant; Mr. Sujit Kumar Singh, Advocate, for the State.
Nature of the Case: Criminal appeal (Division Bench) against judgment of conviction and sentence under the N.D.P.S. Act passed by the District and Sessions Judge, Bettiah, West Champaran in Trial No.18 of 2018.
Date of High Court Judgment: 15.01.2026.
Link to Judgment: Click here to read the full Patna High Court judgment.
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