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2019 Supreme(SC) 1082

UDAY UMESH LALIT, VINEET SARAN
State Of Rajasthan – Appellant
Versus
Sahi Ram – Respondent


Advocates Appeared:
For the Petitioner(s):Milind Kumar, Advocate
For the Respondent(s):Saurabh Ajay Gupta, Nishant Bishnoi, Advocates

Judgement Key Points

Certainly. Here are the key points based on the provided legal document:

  • Non-production of the contraband material before the court by itself is not sufficient to warrant acquittal of the accused (!) (!) .
  • The seizure of the contraband, along with proper sampling, sealing, and documentation, can establish the case against the accused without the need to produce the entire bulk of the contraband in court (!) (!) .
  • The prosecution’s failure to produce the entire contraband material or to explain its whereabouts does not automatically lead to acquittal if the seizure and sampling procedures are properly followed and documented (!) .
  • The primary evidence of seizure, including signatures on the seizure memo and the integrity of the samples, is crucial. If these are established, the absence of the bulk contraband in court does not necessarily negate the case (!) (!) .
  • The connection between the seized samples and the forensic report is essential. Lack of such connection or non-production of samples may weaken the case and could justify an acquittal (!) (!) (!) (!) .
  • The overall integrity of the seizure process, including proper sealing, sampling, and documentation, is fundamental to establishing the case beyond reasonable doubt (!) (!) .
  • The court may restore a conviction if it finds that the seizure was properly proved and that the non-production of the entire contraband was not a fatal flaw, especially when the samples and signatures are properly documented (!) (!) .
  • The appropriate sentence for a conviction under the relevant narcotics law can be a minimum of 10 years of rigorous imprisonment, which may be adjusted based on the facts of the case (!) (!) .
  • The court can order the accused to surrender within a specified period and ensure compliance with the sentence and other legal requirements (!) .

Please let me know if you need any further analysis or specific legal advice based on this document.


JUDGMENT :

Uday Umesh Lalit, J.

1. Leave granted.

2. This appeal challenges the final order dated 07.04.2016 passed by the High Court [The High Court of Judicature for Rajasthan at Jodhpur] in S.B. Criminal Appeal No.774 of 2015.

3. On receiving source information on 20.06.2006 that in a white coloured Tavera vehicle bearing registration No.RJ27-TC-0323 three persons were coming from Madhya Pradesh along with contraband material namely poppy straw and were proceeding towards Jodhpur, the information was reduced to writing and a copy was immediately forwarded to the superior officers in terms of requirements of Section 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “the NDPS Act”).

4. A team was thereafter constituted which reached the Railway crossing near petrol pump Nimbahera. Two private persons named Kishan Lal and Chaman Lal were asked to associate as Panchas. At 9.40 AM, the vehicle was seen coming from Neemuch and was stopped. The vehicle was being driven by the respondent while the other two occupants were identified as Sohan and Kanhaiya Lal. After following mandatory requirements under the provisions of the NDPS Act, the vehicle was

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