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J. B. PARDIWALA, R. MAHADEVAN
Rajwant Singh – Appellant
Versus
State of Haryana – Respondent
ORDER
This appeal arises from the judgment and order dated 15.05.2018 passed by the High Court of Punjab and Haryana at Chandigarh in CRA-S-2377-SB-2004 by which the High Court dismissed the appeal filed by the appellant herein and thereby, affirmed the judgment and order of conviction passed by the Special Court, Kurukshetra dated 21.10.2004 holding the appellant herein guilty of the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “the NDPS Act”) and sentenced him to undergo rigorous imprisonment for ten years with a fine of Rs.1 lakh.
2. The case of the prosecution may be summarised as under:- The police had information that the appellant herein and one Dara Singh were dealing in narcotics. The information was that both are drug peddlers. On 23.04.2002, a vigil was kept on the movements of the appellant herein and Dara Singh. According to the case of the prosecution, the appellant herein was travelling in a Contessa car bearing registration No.HR 01-E-0948. The car was intercepted. The car was searched and the appellant was found to be the only person in the car and he was on the wheels. From the rear seat of the car, thre
The court upheld the conviction under the NDPS Act, ruling that non-compliance with Section 52A did not invalidate the evidence or conviction.
The prosecution established the appellant's conscious possession of narcotics, validating the conviction despite procedural non-compliance, as substantial evidence supported the case.
The conviction was set aside due to non-compliance with mandatory provisions of the NDPS Act, specifically Section 52A, undermining the prosecution's case.
Possession of narcotic substances can result in conviction under NDPS despite procedural non-compliance if evidentiary strength supports prosecution's claims.
Procedural non-compliance under the NDPS Act does not invalidate a conviction if substantial evidence supports the prosecution's case.
The conviction was set aside due to non-compliance with mandatory procedures under the NDPS Act, specifically Section 52A regarding the presence of a Magistrate during sampling.
The prosecution must prove possession of narcotics beyond reasonable doubt, and procedural lapses do not automatically invalidate a conviction if credible evidence supports the case.
Compliance with mandatory provisions of the NDPS Act is essential for establishing the prosecution's case, particularly the requirement for drawing samples in the presence of a Magistrate, which was ....
The conviction under the NDPS Act was quashed due to failure to comply with mandatory procedures for sample collection, emphasizing the importance of due process in narcotics cases.
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