IMPORTANT POINT
Substantial compliance with procedural requirements under the NDPS Act does not invalidate a conviction if no prejudice is shown.

JUDGMENT :

MRIDUL KUMAR KALITA, J

1. Heard Mr. Y. S. Mannan, the learned counsel for the appellant. Also heard Ms. S. Jahan, the learned Additional Public Prosecutor appearing for the State of Assam.

2. This criminal appeal has been filed by the appellant, Md. Habil Ali, under Section 374(2) of the Code of Criminal Procedure, 1973 , challenging the judgment and order dated 17.12.2022 passed by the learned Additional Sessions Judge No. 2, Nagaon, Assam, in Special NDPS Case No. 17/2021. The appellant was convicted under Section 18(c) of the NDPS Act and sentenced to rigorous imprisonment for 10 years, along with a fine of Rs. 1,00,000 (Rupees One Lakh). In default of payment, he was ordered to undergo simple imprisonment for six months. Additionally, the appellant was convicted under Section 20(b)(ii)(C) of the NDPS Act, 1985, and sentenced to rigorous imprisonment for 20 years, with a fine of Rs.1,00,000 (Rupees One Lakh), and, in default, simple imprisonment for six months. He was also convicted under Section 21(b) of the NDPS Act, 1985, and sentenced to rigorous imprisonment for 20 years, along with a fine of ? 1,00,000 (Rupees One Lakh), and, in default, further simple imprisonment for six months.

3. The facts relevant for the adjudication of this appeal, in brief, are as follows: -

i. On 06.12.2020, the Officer-In-Charge of Jajori Police Station, Sri Pulak Kumar, SI of Police, lodged an FIR before the Officer-In-Charge of Dhing Police Station. The FIR alleged that on 05.12.2020, reliable information was received from secret sources indicating that Habil Ali (the appellant) of Sonarigaon village was engaged in the illegal trade of narcotic drugs and had planned to transport a large quantity of such drugs from Manipur to Sonarigaon.

ii. It was also stated in the said FIR that accordingly, a general diary entry was made at Jajori Police Station, i.e., the GD Entry No. 76, dated 05.12.2020 and Sri Mohan Lal Meena, IPS the Additional SP (headquarter), Nagaon was informed about the receipt of information through secret sources. It was also informed by the secret sources that along with Habil Ali, his accomplice, namely, Md. Mofidul Haque and Md. Batu Alam, will receive the consignment of the drugs at an unknown place at National Highway No. 37 near Nagaon and the said consignment would be brought by using Mahindra XUV vehicle bearing Registration No. AS-02-AD-6273 and a Maruti Swift vehicle bearing Registration No. AS-02-Z-8119. It was also informed that before arrival of the said vehicles, one blue colour Pulsar bike bearing Registration No. AS-02-G-4125 would do the recce to check if there is any police Naka on the way.

iii. Based on the above information, a raid was planned in the morning of 06.12.2020 and the Additional SP (Headquarter), Nagaon, namely, Sri Mohan Lal Meena, along with Sri Moon Basumatary, SI of police, left Nagaon town and reached Jajori Police Station. They formed a police team in four vehicles, two reliable independent witnesses, namely, Jahidur Rahman and Manoj Kumar Mahanta were also requested to witness the search and seizure procedure and remain present at the time of the raid. It is further stated in the FIR when the police team reached near the place of occurrence (about three kilometers away) and waited there for about an hour, they got another information through reliable source that the accused persons have arrived at the house of the appellant Habil Ali with the illegal drugs. Thereafter, the police party went to the house of appellant Habil Ali, at Sonarigaon, at around 12:20 PM. The main gate of the boundary wall was partially closed which was opened by the informant and the police party entered into the premises of the appellant and knocked the door of the house. The appellant Habil Ali opened the door. At that time, the informant identified himself and offered to be searched before search