The prosecution must prove possession of narcotics beyond a reasonable doubt, and any procedural lapses do not necessarily invalidate the trial if evidence remains intact.

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

1. Heard Mr. T. Deuri, learned amicus curiae appearing for the appellant. Also heard Mr. M.P. Goswami, learned Addl. P.P. Assam appearing for the State/ respondent.

2. The present appeal has been instituted by the appellant assailing the judgment and order dated 04-06-2013 passed by the learned Addl. Sessions Judge No. 1 (Special Judge), Kamrup in NDPS Case No. 257(K)/2002 convicting the appellant, herein, under Section 21(b) of the NDPS Act, 1985 and sentencing him to undergo rigorous imprisonment for 03 (three) years and to pay fine of Rs. 20,000/- (Rupees Twenty Thousand), in default to undergo further simple imprisonment for 06 (six) months.

3. The prosecution case, in brief, is that one Deva Dutta, S.I. of Police, C.I.D., Guwahati, acting on a source information received, along with a team under supervision of Inspector P. Baruah including women Constable, on 04-02-2002 at around 6:30 P.M. had intercepted an Auto rickshaw bearing registration number AS-01-K-0355 near Basistha Chariali Police Point wherein four passengers travelling namely (i) Raju Ali, (ii) Bulu Singh, (iii) Navel Pareira and (iv) Rakesh. During the search carried out in presence of witnesses, after observing all the formalities, a packet containing white powder suspected to be Heroin weighing 04 (four) grams was recovered from the wearing apparel of Raju Ali. The field test conducted at the place of occurrence had given positive test result for Heroin. The recovered Heroin was seized from the possession of Raju Ali, sample in duplicate was drawn at the spot by complying with all requisite formalities and Raju Ali was arrested. The auto rickshaw by which he was traveling was also seized in connection with the case. On being led by accused Raju Ali, the team searched the dwelling house of one Smti. M. Athing located at Pilingkata, Basistha with a view to recover Narcotic Drugs, but nothing incriminating could be recovered. However, on interrogation she had stated that one Bijoy Singh of Silchar and Anjana Devi, who were staying in Room No. 816 of Vandana Hotel at Paltanbazar area had supplied the Narcotic Drugs, which was seized from Raju Ali. Accordingly, the said CID team searched the said Room No. 816 of Vandana Hotel, Paltanbazar as per procedure and recovered 10 (ten) grams of powder like substance suspected to be Heroin kept in a polythene packet from the joint possession of Bijoy Singh and Anjana Devi, which was kept concealed under their sleeping mattress. Samples came to be drawn and sealed from the recovered substance by following the procedure prescribed. Smti. M. Athing, Smti Anjana Devi and Sri Bijoy Singh were arrested Under Section 42 of the NDPS Act, in connection with the case. Thereafter, basing on the disclosure made by Bijay Singh and Anjana Devi, the team searched room No. 2 of Hotel Sumiya located at K.C. Sen Road, Paltanbazar occupied by one Subash Singh, but no incriminating material could be recovered there-from. Subash Singh had stated before the Police that he had handed over a packet of heroin to one Oken Singh of Jatia. Accordingly, basing on the said information the team proceeded to Jatia and searched the rented house of Oken Singh, i.e. the appellant, herein, after observing due formalities and by complying with the provision of Section 50 of the NDPS Act. The search led to the recovery of 40 grams of white powder like substance, suspected to be Heroin from the possession of Oken Singh, which was kept concealed in a steel Almirah in a polythene packet inside a bag. The samples of the recovered powder like substance, suspected to be Heroin along with the steel Almirah were sei