The court emphasized substantial compliance with procedural requirements in drug trafficking cases, allowing for conviction despite operational discrepancies, and reaffirmed mitigating factors for sentencing under the NDPS Act.

JUDGMENT :

Mitali Thakuria, J.

1. Heard Ms. S. K. Nargis, learned counsel for the appellants and Mr. S. C. Keyal, learned Standing Counsel, NCB.

2. All the three appeals are under Section 374 (2) of the Code of Criminal Procedure, 1973 and against the same impugned judgment and order dated 22.04.2019, passed by the learned District and Sessions Judge, Kamrup (M), Guwahati in NDPS Case No. 38/2016 arising out of NCB Crime No. 04/2016, whereby the accused appellants are convicted and sentenced to undergo Rigorous Imprisonment for 20 (Twenty) years with fine of Rs. 2,00,000/- (Rupees Two Lakh), in default, imprisonment for another 1 (one) year under Sections 17 (c)/21(c) of the NDPS Act.

3. The prosecution case in brief is that a specific information was received from a reliable source on 06.05.2016 at 17:30 hrs., that a delivery of consignment of Morphine and Opium would take place between Md. Abdul Kalam and Md. Mujibur Rahman and two persons namely, Sohrab Khan and Ram Milan near Indira Gandhi Stadium, Sarusajai, Guwahati at 07:00 AM on 07.05.2016. On 07.05.2016 acting upon the said specific information, the officers of NCB, Guwahati intercepted 4(four) persons, who are trafficking Morphine and Opium near Indira Gandhi Stadium, Sarusajai in presence of 2(two) independent witnesses and seized the plastic bags of Opium weighing about 54.648 Kgs and Morphine weighing about 2.060 Kgs wrapped by a brown colour cello tape and kept in white polythene from the accused persons along with Scorpio and the 6 wheeler truck bearing Registration No.WB-58-C-2157 and MN-04-A-1960 respectively. Thereafter, the NCB Crime No. 04/2016 under Sections 8 (c)/21(c)/17(c)/29 of the NDPS Act has been registered against the suspected accused persons and they were also accordingly arrested. Seizure was also completed and on completion of investigation, the Final Complaint has been filed and a case was registered as NDPS Case No. 38/2016.

4. After completion of search and seizure process, Panchnama was prepared and the statements of the accused appellants under Section 67 of the NDPS Act were also recorded. The seized articles were deposited in the official godown and on the next day, the articles were produced before the learned CJM, Kamrup(M) and the original samples were also sent for FSL exanimation.

5. Accordingly, on receipt of Final Complaint, a NDPS case was registered, copies were served immediately and after hearing both sides, the charge under Section 21 (c) of the NDPS Act was framed against the accused persons. The Charge was read over and explained to the accused appellants, who pleaded not guilty and claimed to be tried.

6. The prosecution examined as many as 6(six) witnesses and the defe