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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB K.PANIGRAHI
Chhotu @ Sk. Jamir – Appellant
Versus
State of Odisha – Respondent
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. Up
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In drug-related offenses, strict adherence to statutory procedural safeguards is mandatory for a fair trial, and non-compliance vitiates the prosecution case.
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Non-compliance with statutory provisions of the N.D.P.S. Act regarding search and seizure vitiates the prosecution case, warranting acquittal on grounds of reasonable doubt.
NDPS Act – Search and seizer of contraband – Conviction set aside - prosecution has not complied with the provisions of Section 42 of NDPS Act as the information alleged to have been received regardi....
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