Criminal Appeal (SJ) No.4 of 1999 Against the Judgment and order dated 16.12.1998 passed by Sri Chakradhar Rai, Special Judge, Darbhanga, in G.O.Case No.3/98. Shyam Sundar Yadav .... .... Appellant. Versus State Of Bihar .... .... Respondent. For the Appellant/s : Mr. Suresh Prasad Singh, Amicus Curiae. For the Respondent/s : Mr. Parmeshwar Mehta,A.P.P. P R E S E N T HONOURABLE MR. JUSTICE GOPAL PRASAD Gopal Prasad,J. The appellant has been convicted for the offence with regard to recovery of 2 kgs of ganja under section 20 of the N.D.P.S. Act, 1985 and sentenced to undergo rigorous imprisonment for two years. 2. Prosecution case in short is that the appellant was caught with 2 kgs. of Nepali ganja kept in a bag. 3. On the basis of prosecution report cognizance was taken and during the trial four witnesses were examined. In cross- examination after charge P.W.2 has stated that the appellant was caught with ganja which was recovered from the possession of the person who disclosed his name as Shyam Sunder Yadav. A seizurelist was prepared and he also signed. 4. The defence is that there was non-compliance of section 50 of the N.D.P.S. Act. However, from perusal of the record it appears that four witnesses have come to support the prosecution 2 case. P.W.1 Bishwanath Jha, P.W.2 Nand Kishore Jha, P.W.3 Manoj Kumar Singh and P.W.4 Jai Mangal Thakur all have stated that a person was found in suspicion condition at the Bus Stand. The police caught him and from his possession 2 kgs. Nepali ganja kept in a bag was recovered. A seizure list was prepared and the same has been proved and the signature on the seizure list was also put and marked as Exts. 1 and 2 and a copy of the seizurelist was also handed over to the appellant. 5. However, there is no evidence that the seized ganja was ever sealed nor there is any evidence that from the seized ganja any sample was taken nor sealed sample was sent for chemical examination nor there is any chemical analysis where the seized article was proved as Nepali ganja and, hence, there is violation of sections 55 and 57 of the N.D.P.S. Act and there is no report of any chemical analyst that the seized ganja was a narcotic drug or was ganja. And, hence, the prosecution has failed to prove that the seized article was ganja. The Judgment and order of conviction is set aside. 6. In the result, the Judgment and order of conviction is set aside and the appeal is allowed. Patna High Court, Patna. The 15th October,2011, AnilKrSinha/ N.A.F.R. (Gopal Prasad)