The prosecution must establish a complete chain of evidence for conviction; procedural lapses are not fatal unless shown to cause prejudice to the accused.

JUDGMENT :

Sanjeeb K. Panigrahi, J.

1. The Appellants have filed the instant Criminal Appeals under Section 374 (2) of the Code of Criminal Procedure, 1973/ Section 415 (2) of Bharatiya Nagarik Suraksha Sanhita, 2023, invoking the appellate jurisdiction of this Court. The appeals are preferred against the Judgment dated 19.04.2023 passed by the learned Additional Sessions Judge-cum-Presiding Officer, Designated Court under OPID, Balasore, in Special Case No.18/299 of 2022/2020, whereby the appellants were convicted for the offences under Section 21 (C) of N.D.P.S Act and was sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs.1,00,000/- each and in default of payment of fine undergo simple imprisonment for one year each.

I. FACTUAL MATRIX OF THE CASE

2. The brief facts of the case are as follows:

(i) On 05.11.2020, while the informant, accompanied by other police personnel, was diligently discharging patrolling duties, they received reliable and actionable intelligence of a grave nature that three persons were lurking in the vicinity of Jyoti Sagar and were actively hatching a nefarious design to traffic contraband substance, i.e., brown sugar, to a dealer. Upon receiving the information, the informant recorded the same in the Station Diary. Thereafter, along with other staff members, he proceeded to the spot and observed three persons standing on near the side of the hotel, one of them was carrying one polythene bag containing some suspected contraband materials.

(ii) On noticing the raiding party, the accused persons attempted to flee from the spot; however, the informant along with his staff promptly apprehended them. Upon interrogation, the accused disclosed their names and identities, but failed to produce any valid or lawful document justifying their possession of the contraband substance. Thereafter, in the presence of the independent witnesses as well as the Executive Magistrate, the contraband substance, namely brown sugar, was recovered from the possession of the accused persons. Subsequently, the contraband articles were seized, and the accused persons were forwarded to the Court having jurisdiction.

(iii) On the basis of the aforesaid allegations, the local police registered an F.I.R., being Bhubaneswar STF P.S. Case No. 28 of 2020, for alleged offences punishable under Section 21 (c) and Section 29 of the N.D.P.S. Act against the present Appellants.

(iv) Upon completion of investigation, the Investigating Officer submitted charge-sheet against the Appellants. Thereafter, on 19.04.2023, the learned Trial Court, upon examining 16 witnesses and considering the oral as well as documentary evidence on record, convicted the Appellants under Section 21 (c) of the N.D.P.S. Act and sentenced them to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1,00,000/- each, and in default of payment of fine, to undergo simple imprisonment for a further period of one year each (v) Aggrieved by the aforesaid facts and circumstances, the Appellants have preferred the present criminal appeal before this Hon’ble Court.

II. SUBMISSIONS ON BEHALF OF THE APPELLANTS

3. The learned counsel for the Appellants respectfully and earnestly made the following submissions in support of his contentions:

(i) The Appellants submit that the judgment of conviction and order of sentence passed by the learned Additional Sessions Judge, Designated Court, Balasore in Special Case No. 18 of 2022 whereby the Appellants have been convicted and sentenced to undergo rigorous imprisonment along with imposition of fine, are wholly err