Santosh Singh vs State Of Orissa on 22 May, 2026

    0
    21
    ADVERTISEMENT

    Orissa High Court

    Santosh Singh vs State Of Orissa on 22 May, 2026

            IN THE HIGH COURT OF ORISSA AT CUTTACK
    
                           CRLA No.498 of 2024
                           CRLA No.505 of 2024
    (In the matter of an application under Section 374(2) of the Criminal
    Procedure Code, 1973)
                           CRLA No.498 of 2024
    Santosh Singh                     .......                  Appellant
                                     -Versus-
    State of Orissa                   .......                Respondent

    For the Appellant : Mr. Amulya Ratna Panda, Advocate

    For the Respondent : Mr. Sobhan Panigrahi,
    Additional Standing Counsel

    SPONSORED

    CRLA No.505 of 2024

    Ramanand Chowdhury ……. Appellant

    -Versus-

    State of Orissa                   .......                Respondent
    
          For the Appellant    : Mr. Amulya Ratna Panda, Advocate
    
          For the Respondent : Mr. Sobhan Panigrahi,
                               Additional Standing Counsel
     CORAM:
      THE HONOURABLE SHRI JUSTICE SIBO SANKAR MISHRA
     Date of Hearing: 12.05.2026       ::   Date of Judgment: 22.05.2026
    
    S.S. Mishra, J.    The appellants although have filed the aforementioned
    
    

    two separate appeals, however, both of them have assailed the common

    judgment of conviction and the order of sentence dated 29.02.2024

    passed by the learned 1st Additional Sessions Judge, Balangir in Special

    G.R. Case No.13 of 2021. The learned trial Court finding the appellants

    guilty of commission of offence punishable under Section 20(b)(ii)(C) of

    the N.D.P.S. Act, sentenced them to undergo R.I. for a period of ten

    years each and to pay a fine of Rs.1,00,000/- (Rupees one lakh) each, in

    default of payment of fine, to suffer R.I. for a further period of one year

    each on the said count.

    2. The appellants have roughly undergone custody for about five

    years. The appellants were admitted to interim bail by this Court and the

    appeals were set for final disposal after expiry of the said interim bail

    period, once the appellants surrender before the trial Court.

    Page 2 of 22

    3. Heard Mr. Amulya Ratna Panda, learned counsel appearing for the

    appellants and Mr. Sobhan Panigrahi, learned Additional Standing

    Counsel appearing for the State in both the appeals.

    4. The criminal law was set into motion against the appellants on the

    basis of their arrest and recovery of the contraband ganja of 37 kgs. 240

    gms. The prosecution alleged that on 29.01.2021 at about 1.39 A.M.

    (intervening night of 28.01.2021 and 29.01.2021) as per direction of the

    IIC, Town Police Station, Balangir, S.I. Sri B.K. Behera along with other

    staff were performing night patrolling in Balangir Town area. At about

    4.24 A.M., S.I. B.K. Behera received information from reliable source

    that contraband ganja was being transported in one maroon colour Ford

    Endeavour vehicle bearing Registration No.OR-02-AG-2883 from

    Saintala side to Sambalpur side. On receiving such information, he

    immediately intimated the matter over phone to the IIC, who entered the

    information in General Diary of the P.S. vide G.D. entry No.23, dated

    29.01.2021. Then the IIC intimated the information to the S.D.P.O.,

    Sadar and S.P., Balangir in writing vide D.R. No.393/PS & 394/PS dated

    Page 3 of 22
    29.01.2021 and such fact was entered in General Diary vide G.D. No.24,

    dated 29.01.2021. Requisition was sent by the IIC to the SDM, Balangir

    for deputing the Executive Magistrate vide D.R. No.391/PS dated

    29.01.2021 through the Constable Prahallad Rout with Command

    No.2278631. Being directed by the IIC, the S.I. B.K. Behera along with

    his staff conducted blocking on NH-26 in front of the Traffic Outpost,

    Balangir. After sometime, the said maroon colour Ford Endeavour

    arrived near the blocking point and was stopped by the police team. The

    driver tried to escape, but the police team was able to block the road and

    catch the vehicle. They found two persons were present in that vehicle

    loaded with two poly gunny bags filled with suspected articles in its

    backside being covered with a blanket. Smell of ganja was coming out

    from the said vehicle. The S.I. Behera arranged two local witnesses to

    remain present during search and seizure. About 10.00 A.M., the

    Executive Magistrate Smt. Sweekruti Badapanda, Additional Tahasildar,

    Balangir arrived at the spot. The weight of the ganja was conducted and

    one poly bag was found weighing 24 kgs. 250 grams. The weight of the

    Page 4 of 22
    poly gunny bag was 150 gms. and the net weight of ganja was 24 kgs.

    100 gms. So, the weight of the total ganja was 37 kgs 240 grams in net.

    5. After investigation, charge sheet was led down and on the basis of

    the denial stance of the accused persons, they were put to trial. In order

    to substantiate its case, the prosecution has examined as many as 18

    witnesses. Out of them, P.Ws.1, 2, 3, 4, 5, 6, 9, 11, 12, 14, 15 and 16

    were the witnesses to the seizure. P.Ws.7, 8 and 10 were the witnesses to

    the occurrence. P.W.13 was the Executive Magistrate whereas P.W.17

    was the informant and P.W.18 was the Investigating Officer.

    6. On thorough analysis and appreciation of the evidence, the learned

    trial Court arrived at a conclusion that the prosecution could prove its

    case beyond all reasonable doubts and found the appellants guilty of the

    offences as mentioned above.

    7. Aggrieved by the findings of the learned trial Court leading to the

    conviction and sentence passed against them, the appellants have

    separately preferred the aforementioned appeals. Since both the appeals

    Page 5 of 22
    are arising out of the common judgment, the same are analogously heard

    and is being disposed of by this common judgment.

    8. Mr. Panda, learned counsel for the appellants has taken me to the

    oral as well as the documentary evidence available on record and pointed

    out that in the present case, the prosecution has utterly failed to comply

    with the statutory safeguard contemplated under Sections 42, 50 and 55

    of the N.D.P.S. Act. Besides that, Mr. Panda, learned counsel has also

    pointed out the contradictions in the evidence of the witnesses. However,

    largely, Mr. Panda, learned counsel has emphasized on the non-

    compliance of the statutory provisions leading to his claim of a clear

    acquittal of the appellants in the present case on that count alone.

    9. Since Mr. Sobhan Panigrahi, learned Additional Standing Counsel

    appearing for the State has also not joined the issues in so far as the

    contentions raised by Mr. Panda and he submitted that instead of

    venturing into appreciating the evidence of all the witnesses, suffice it to

    examine as to whether the statutory provisions under the N.D.P.S. Act

    has indeed been complied with in the present case or not.

    Page 6 of 22

    10. Mr. Panda, learned counsel, at the outset, has taken me to the

    provisions of Section 42 of the N.D.P.S. Act. For ready reference,

    Section 42 of the N.D.P.S. Act is reproduced hereunder:

    “42. Power of entry, search, seizure and arrest
    without warrant or authorisation.– (l) Any such
    officer (being an officer superior in rank to a peon,
    sepoy or constable) of the departments of central
    excise, narcotics, customs, revenue intelligence or
    any other department of the Central Government
    including para-military forces or armed forces as
    is empowered in this behalf by general or special
    order by the Central Government, or any such
    officer (being an officer superior in rank to a peon,
    sepoy or constable) of the revenue, drugs control,
    excise, police or any other department of a State
    Government as is empowered in this behalf by
    general or special order of the State Government,
    if he has reason to believe from personal
    knowledge or information given by any person and
    taken down in writing that any narcotic drug, or
    psychotropic substance, or controlled substance in
    respect of which an offence punishable under this
    Act has been committed or any document or other
    article which may furnish evidence of the
    commission of such offence or any illegally
    acquired property or any document or other
    article which may furnish evidence of holding any
    illegally acquired property which is liable for
    seizure or freezing or forfeiture under Chapter VA
    of this Act is kept or concealed in any building,

    Page 7 of 22
    conveyance or enclosed place, may between
    sunrise and sunset,-

    (a) enter into and search any such building,
    conveyance or place;

    (b) in case of resistance, break open any door and
    remove any obstacle to such entry;

    (c) seize such drug or substance and all materials
    used in the manufacture thereof and any other
    article and any animal or conveyance which he
    has reason to believe to be liable to confiscation
    under this Act and any document or other article
    which he has reason to believe may furnish
    evidence of the commission of any offence
    punishable under this Act or furnish evidence of
    holding any illegally acquired property which is
    liable for seizure or freezing or forfeiture under
    Chapter VA of this Act; and

    (d) detain and search, and, if he thinks proper,
    arrest any person whom he has reason to believe
    to have committed any offence punishable under
    this Act:

    2

    [Provided that in respect of holder of a licence for
    manufacture of manufactured drugs or
    psychotropic substances or controlled substances
    granted under this Act or any rule or order made
    thereunder, such power shall be exercised by an
    officer not below the rank of sub-inspector:

    Provided further that] if such officer has reason to
    believe that a search warrant or authorisation
    cannot be obtained without affording opportunity
    for the concealment of evidence or facility for the
    escape of an offender, he may enter and search
    such building, conveyance or enclosed place at

    Page 8 of 22
    any time between sunset and sunrise after
    recording the grounds of his belief.
    (2) Where an officer takes down any information in
    writing under sub-section (1) or records grounds
    for his belief under the proviso thereto, he shall
    within seventy-two hours send a copy thereof to his
    immediate official superior.”

    Sub-Section (1) of Section-42 of the N.D.P.S. Act mandates that

    once the information regarding the transportation or possession of

    contraband articles received by the police, he must reduce the same to

    writing before initiating such process. Sub-Section (2) requires that such

    written information must be sent to the immediate superior officer within

    a period of 72 hours. It is no more res integra that compliance of the

    aforementioned provisions are mandatory in nature.

    11. In the instant case, the learned trial Court, while dealing with the

    aforementioned point, has arrived at a conclusion that in the fact scenario

    of the present case, Section-42 of the N.D.P.S. Act is not applicable. The

    learned trial Court opined that since the vehicle from which the

    contraband was recovered was plying in a public road and it was

    apprehended in a public place, Section 42 of the N.D.P.S. Act as such is

    Page 9 of 22
    not applicable on the facts of the present case. Rather, Section 43 of the

    N.D.P.S. Act is applicable. Therefore, the learned trial Court has simply

    brush aside the contentions raised by the accused persons regarding non-

    compliance of Section 42 of the N.D.P.S. Act. Relevant would be to

    reproduce the portion of the impugned judgment where this issue has

    been dealt with by the learned trial Court.

    “Further the evidence of the official witnesses clearly points
    out the spot to be on the main road near traffic out post, Balangir.
    Ext.P-20 is the spot map. NH-26 is passing by the side of the spot.
    The concerned vehicle was apprehended at the spot while coming
    from Titilagarh side. The spot is a public place. Hence it is
    appropriate to refer to a judgment passed by Hon’ble Apex Court
    in Directorate of Revenue vs. Mohammad Ninar Holia
    2008(2) SCC 370- Held- Sec.43, on plain reading of the Act, may
    not attract the rigors of Sec.42 thereof. That means even
    subjective satisfaction on the part of the authority, as is required
    under sub-S.(1) of Sec.42, need not be complied with, only
    because the place whereas search is to be made is a public place.

    That apart, in Hamidbhai Azambhail Malik vs. State of
    Gujrat AIR 2009 S.C. 1378- Held- Sec.42 will be invocable only
    if the search is made by the police officer or the concerned
    authority, upon the prior information, when such an information
    or intimation or knowledge comes to the notice of the
    investigating officer in course of the regular patrolling or an
    investigation of some other offence, it is not necessary to follow in
    all case the conditions incorporated in Sec.42.

    However coming to the present case, there are sufficient
    evidence brought out from the testimony of the police witnesses
    that in the preceding late night of 29.01.2021, P.W.17 along with
    other accompanying staffs being directed by IIC, Town PS,

    Page 10 of 22
    Balangir vide G.D. entry No.22 were out on patrolling duty at
    Balangir town area and around 4.24 AM during course of
    patrolling, P.W.17 received reliable information regarding
    transportation of contraband articles which was duly intimated to
    IIC, Town PS, Balangir and noted down vide G.D. Entry No.23 of
    Town PS, Balangir. As per instruction of IIC, they blocked the
    road in front of Traffic outpost, Balangir and stopped the vehicle
    i.e. Ford Endeavour bearing Regd. No.OR-03-AG-2883 being
    occupied by the present accused persons.

    Considering the time of detention of the vehicle, it is
    reasonable that search warrant or written authorization could not
    be obtained without offering opportunity for the concealment of
    the evidence or facility for the escape of the accused persons at
    that time. There is no impediment in accepting P.W.17 as
    competent person to conduct the operation and as the information
    was received by P.W.17 during the course of night patrolling, the
    compliance of noting down the same by the IIC vide G.D. entry
    No.23 dtd. 29.01.2021 appears to be proper. Further, the pot of
    detention being accessible to the public, P.W.17 has ample power
    in view of Sec.43 of N.D.P.S. Act to conduct the search in the
    public place or in transit.

    In Rajendra and another vs. State of Madhya Pradesh : 2004
    (I) OLR (SC) 211-Held- Compliance-Search made without
    warrant or authorization information received by the Empowered
    Officer regarding carriage of contraband articles (Ganja) by the
    persons- Copy of such information was also sent to immediate
    superior officer-Mandates of the section not violated.

    Considering the aforesaid settled position of law and
    provisions of the act it can be safely accepted that P.W.17 was
    having the authority to detain and search the involved vehicle
    carrying the contraband Ganja at that time. As such, there is
    sufficient compliance of the mandatory provisions while
    undertaking the procedure provided under Chapter-V of N.D.P.S.
    Act
    relating to search of the offending vehicle i.e. Ford
    Endeavour bearing Regd. No.OR-03-AG-2883.”

    Page 11 of 22

    12. From the evidence of all the witnesses, no doubt it has been

    proved by the prosecution that the maroon colour Ford Endeavour

    vehicle bearing Registration No.OR-02-AG-2823 being a private

    vehicle, was plying in the public road and was apprehended by the

    police. From the said vehicle, 37 kgs. 240 grams of ganja was seized.

    Now, the question remained to be answered is that, if the

    contraband ganja was recovered from a private vehicle in a public place,

    whether compliance of Section 42 is required or not. In that regard, the

    Judgment of the Hon’ble Supreme Court, in the case of Boota Singh

    and others vs. State of Haryana, reported in 2021 (82) OCR (SC) 667

    is relevant. In the said judgment, the Hon’ble Supreme Court has held as

    under:

    “12. The evidence in the present case clearly shows that the
    vehicle was not public conveyance but was a vehicle belonging to
    accused-Gurudip Singh. The Registration Certificate of the
    vehicle which has been placed on record also does not indicate it
    to be a public transport vehicle. The explanation to Section 43 of
    the N.D.P.S. Act shows that, a private vehicle would not come
    within the expression “public place” as explained in Section 43 of
    the N.D.P.S. Act. On the strength of the decision of this Court in
    Jagraj Singh alias Hansa, the relevant provision would not be
    Section 43 of the N.D.P.S. Act, but the case would come under
    Section 42 of the N.D.P.S. Act.”

    Page 12 of 22

    13. The Hon’ble Supreme Court, by relying upon the judgment of

    Jagraj Singh has held that private vehicles not used for the public

    purposes cannot fall under the expression “public place”, as such will not

    come under the procedural compliance under Section 43 of the N.D.P.S.

    Act, rather procedural compliance under Section 42 of the Act requires

    to be followed.

    State of Rajasthan vs. Jag Raj Singh @ Hansa, reported in

    (2016) 64 OCR (SC) 827 also deals with such point and it is held that a

    private vehicle, which was seized in a public place carrying contraband

    articles cannot be said to be a public conveyance within the meaning of

    explanation to Section 43 of the N.D.P.S. Act. Hence, Section 43 of the

    N.D.P.S. Act is clearly not applicable to those cases, where the

    contraband is allegedly seized from a private vehicle in a public place. In

    those cases, the provision of section 42 of the N.D.P.S. Act needs to be

    complied by the investigating agency.

    14. In view of the aforementioned position of law and in the fact

    scenario of the present case, it has become abundantly clear that, in the

    Page 13 of 22
    instant case, the application of Section 42 of the N.D.P.S. Act was

    inevitable and the investigating agency had to comply with the rigors of

    the statutory procedural safeguard as contemplated under that provision.

    In that view of the matter, the findings arrived at by the learned trial

    Court as reproduced above can be safely said to be not in consonance

    with the settled position of law.

    15. Now, from the evidence, it needs to be appreciated as to whether

    in the instant case, the investigating agency has indeed strictly complied

    with the procedural safeguard as provided under Section 42 of the

    N.D.P.S. Act or not.

    In order to appreciate this aspect, the evidence of P.Ws.17 and 18

    is required to be analysed in the light of the provisions of law. P.W.17

    was the informant in the present case, who was posted as S.I. of Town

    Police Station, Balangir. He in his evidence has deposed that on

    29.01.2021 night at about 1.30 A.M., he was on patrolling duty with his

    staff. He received information that one vehicle bearing Registration No.

    OR-02-AG-2883 was coming from Saintala side carrying ganja. He

    Page 14 of 22
    intimated about the information to the IIC, Town Police Station.

    The IIC made S.D. entry and intimated the matter to the S.D.P.O.

    and S.P., Balangir as well as to the SDM, Balangir. However, in the

    cross-examination, at paragraph-7, he has categorically stated that he

    could not note down the information in writing, as he was on the way on

    patrolling.

    Similarly, in paragraph-24 of the cross-examination, he has further

    stated that “it is a fact that I have not noted down the information in

    writing even after arriving at the P.S.”

    In paragraph-8 of the cross-examination as well, he has stated that,

    “I have not mentioned the phone number in the FIR from which I

    intimated regarding the information to the IIC.”

    16. From reading of the evidence of P.W.17, it is evident that after

    receiving the information regarding transportation of the ganja, he had

    made the S.D. entry and intimated this fact to the senior officers, but the

    intimation was never reduced down to writing and it is also not clear on

    record as to how he intimated the information to his senior officers

    Page 15 of 22
    orally, as he could not disclose the phone number even. From such

    evidence, it could be safely inferred that the requirement of sub-section

    (2) of Section 42 of the N.D.P.S. Act has not been complied with and it

    is also surprisingly found on record that in so far as the S.D. entry stated

    to have been made on the intimation of P.W.17, the said S.D. entry has

    neither been marked nor has been proved on record.

    17. P.W.18 was the Investigating Officer. He in his evidence had

    deposed that he has not seized the S.D. entry made by the concerned IIC

    on the information of P.W.17. It is also apparent from the evidence of

    P.W.18 that he has neither examined the IIC concerned who purported to

    have received the information from P.W.17 so as to establish that the

    information communicated by P.W.17 to him was indeed entered into

    the S.D. entry. P.W.18 also admitted that he has not examined any staff

    from the office of either the S.D.P.O., Balangir or the S.P., Balangir to

    ensure that the information alleged to have been sent by P.W.17 in

    compliance of sub-section (1) of Section 42 of the N.D.P.S. Act.

    Page 16 of 22

    18. Akin to the fact scenario of the present case, this Court in the case

    of Ghadua Muduli and another vs. State of Orissa, reported in (2018)

    71 OCR-413 went on to record acquittal in favour of the appellant in

    that case finding non-compliance of Section 42 of the N.D.P.S. Act.

    Paragraph-8 of the said judgment reads thus:

    “8. Therefore, when the person concerned who carried Ext.6 to
    the office of Superintendent of Police, Koraput has not been
    examined. None of the person from the office of Superintendent
    of Police, Koraput has been examined to say about the receipt of
    Ext.6 in their office. None of the documents from the office of
    Superintendent of Police, Koraput has been produced during
    trial relating to receive of Ext.6 and even the receipt of such an
    important document has not been diarized and the dispatch
    register of Pottangi Police Station relating to dispatch of Ext.6
    has not been proved. The contention of Mr. Mohapatra that
    there is very doubt relating to the compliance of mandatory
    provision under Section 42 of the N.D.P.S. Act has got
    substantial force. In case of this nature where the prosecution is
    required to prove the compliance of mandatory provision under
    Section 42 of the N.D.P.S. Act, all the relevant documents which
    are connected with such compliance are required to be proved
    before the Trial Court in accordance with law and similarly all
    the concerned witnesses should be examined in the Court to
    prove the vital aspect. In absence of proof of oral as well as
    documentary evidence relating to compliance of such provision,
    the prosecution case should be viewed with suspicion.”

    19. In the instant case, as per the evidence of P.W.17, the IIC

    concerned reduced the information in writing as Station Diary, but no

    Station Diary has been seized by the I.O.-P.W.18. Further, the concerned

    Page 17 of 22
    IIC has not been examined by P.W.18. For that matter, no other official

    staff in the Office of the S.D.P.O. or the S.P., Balangir has been

    examined to establish the compliance of the mandatory provision under

    Section 42 of the N.D.P.S. Act.

    20. The Hon’ble Supreme Court, in the case of State of Punjab vs.

    Balbir Singh, reported in (1994) 7 OCR (SC) 283 has been

    authoritatively held that “the object of the N.D.P.S. Act is to make

    stringent provisions for control and regulation of operations relating to

    those drugs and substances. At the same time, to avoid harm to the

    innocent persons and to avoid abuse of the provisions by the officers,

    certain safeguards are provided in the N.D.P.S. Act which in the context

    have to be observed strictly. Therefore, these provisions make it

    obligatory that such of those officers mentioned therein. On receiving

    information, should reduce the same to writing and also record reasons

    for the benefit while carrying out arrest or search as provided under the

    proviso to Section 42(1). To that extent the provisions are mandatory.

    Page 18 of 22
    Consequently the failure to comply with these requirements thus affects

    the prosecution case. Therefore, the entire trial gets vitiated.”

    21. The Hon’ble Supreme Court, by noticing the Constitutional Bench

    judgment in the case of Karnail Singh vs. State of Haryana, reported

    in (2009) 44 OCR (SC) 183 has concluded that proof of non-compliance

    of the statutory safeguard provided under Section 42 of the N.D.P.S. Act

    would eventually lead to the acquittal of an accused.

    22. The Coordinate Bench of this Court in the case of Ghadua

    Muduli (supra) while dealing with the fact scenario of that case, which

    akin to the facts of the present case has held thus:-

    ” In view of the settled position of law, now it is to be seen whether
    the contentions raised by the learned counsel for the appellants
    that there is non-compliance of mandatory provision under Section
    42(1)
    and 42(2) of the N.D.P.S. Act is sustainable or not. In the
    first information report (Ext.10), the Inspector in charge Pottangi
    police station (P.W.4) has mentioned that when he received a
    reliable information at 2.30 a.m. regarding transportation of ganja
    in a Bolero vehicle bearing registration No. OR-02-AS-0344 from
    Koraput side towards Salur, he noted the fact vide P.S. S.D. vide
    S.D. Entry No.68 dated 04.02.2009 and he believed that there
    would be delay caused in obtaining a search warrant which would
    facilitate the accused persons to escape with the contraband ganja
    and he thought it prudent to conduct raid without obtaining a
    search warrant. Accordingly, he recorded his grounds of belief in
    the P.S. station diary and sent a report to the Superintendent of
    Police, Koraput who was the immediate superior as per the P.S.

    Page 19 of 22
    D.R. No.173 dated 04.02.2009. While deposing in Court, P.W.4 has
    also made similar statement.

    Though the station diary book and dispatch register of Pottangi
    police station were seized under seizure list Ext.14 on 08.02.2009
    by P.W.4 along with Malkhana register but neither the station
    diary book nor the dispatch register was produced in Court during
    trial. Even the authenticated copies of the station diary and
    dispatch register were also not produced. Therefore, there was no
    material before the Trial Court that any such entry was in fact been
    made. In view of the mandatory provision of Section 42 of the
    N.D.P.S. Act, the Court is required not only to verify that the
    reliable information was taken down in writing but also the
    grounds of belief was also recorded as per the second proviso to
    Section 42(1) of the N.D.P.S. Act and copy of the same was sent to
    the immediate official superior in view of Sub-section(2) of Section
    42
    of the N.D.P.S. Act.”

    In the Ghadua (supra) case, the Court, by analyzing the evidence,

    arrived at a conclusion that the provision of Section 42 of the N.D.P.S.

    Act is not complied and held that the conviction recorded against the

    appellant for the offence under Section 20(b)(ii)(C) of the N.D.P.S. Act

    not sustained the scrutiny of law and hence, acquitted the accused

    persons.

    23. Mr. Sobhan Panigrahi, learned Additional Standing Counsel

    appearing for the State could not dispute the position that in the instant

    case, the information sent by P.W.17 although stated to be entered the

    information in station diary, the same has not been proved on record. He

    Page 20 of 22
    further fairly submits that the evidence of P.Ws.17 and 18 falls short of

    establishing the prosecution case beyond all reasonable doubt regarding

    compliance of Section 42 of the N.D.P.S. Act.

    24. Mr. Amulya Ratna Panda, learned counsel for the appellants has

    also brought to the notice of this Court the evidence of other witnesses in

    an attempt to establish that in the instant case, the provision of Section

    55 of the N.D.P.S. Act has also not been complied with.

    25. In view of the aforementioned discussion, since it is conclusively

    established on record that the required procedural safeguard provided

    under Section 42 of the N.D.P.S. Act has not been complied with to its

    letter and spirit, which has really prejudiced the accused. This Court

    need not venture into further deliberation to appreciate the evidence so as

    to ascertain as to whether the provision of Sections 50, 55 or 57 of the

    N.D.P.S. Act has been complied in this case or not. Hence, the accused

    persons are entitled to an acquittal solely on the ground as mentioned

    above. The other points raised by Mr. Panda, learned counsel for the

    appellants to bring home his argument regarding non-compliance of

    Page 21 of 22
    Section 55 of the N.D.P.S. Act and the inherent contradiction in the

    evidence of the witnesses need not be gone into.

    26. In view of the aforementioned discussions, both the above appeals

    are to be allowed.

    27. Accordingly, both the Criminal Appeals stand allowed and the

    impugned common judgments of conviction and order of sentence dated

    29.02.2024 passed by the learned 1st Additional Sessions Judge, Balangir

    in Spl. G.R. Case No.13 of 2021 are set aside to that extent. The bail

    bond of the appellants stand discharged.

    (S.S. Mishra)
    Judge

    The High Court of Orissa, Cuttack.

    Dated the 22nd Day of May, 2026/ Subhasis Mohanty

    Signature Not Verified
    Digitally Signed
    Signed by: SUBHASIS MOHANTY Page 22 of 22
    Designation: Personal Assistant
    Reason: Authentication
    Location: High Court of Orissa, Cuttack.

    Date: 25-May-2026 20:33:05



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here