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ABHAY S. OKA, UJJAL BHUYAN
K. Shikha Barman – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT :
ABHAY S. OKA, J.
FACTUAL ASPECTS
1. By order dated 4th January 2024, the Special Leave Petition out of which the present Criminal Appeal arises has been dismissed as regards petitioner no. 1 therein. Now, this Appeal survives only insofar as the appellant, namely, K. Shikha Barman (the appellant) is concerned.
2. The appellant was arraigned as accused no. 2 along with three other accused in a prosecution for the offence punishable under Sections 8 and 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).
3. On 4th March 2016, PW-5, Sub-Inspector Bhawna Tiwari, who was posted at the relevant time in Hanumantal Police Station, Jabalpur, received an information that some persons, including three men and two women, were carrying Ganja in a WagonR car and were trying to sell the contraband. Accordingly, necessary preparation was made by PW-5. When PW-5 and her team reached Footalal Ground, Hanumanatal, they found that three men and two women were sitting in a WagonR. The women were Seema and Preeti. On search, bags containing Ganja, totally weighing 38.200 kgs. were seized. Samples were drawn, and further procedure was followed. The acc
Recovery of Ganja – Court cannot convict a person whose identity as accused itself is doubtful.
The main legal point established in the judgment is the importance of strict compliance with statutory requirements and procedures under the N.D.P.S. Act, and the need to establish a prima facie case....
(1) Seizure of narcotics – Fact that informant also happened to be Investigator, may not by itself vitiate investigation as unfair or biased.(2) Seizure of Ganja – The moment a doubt is cast upon mos....
Conviction under drug statutes requires consistent evidence; discrepancies in witness testimonies can invalidate the prosecution's case.
Point of Law : It is not necessary that without support of independent witness, prosecution case cannot stand, however, for arriving at such conclusion, evidence led by prosecution must appear to be ....
The central legal point established in the judgment is the requirement to prove possession and the rebuttal of presumption under Section 54 of the NDPS Act.
The central legal point established in the judgment is the requirement for the prosecution to prove the case beyond reasonable doubt, and the court's discretion to uphold an acquittal when the eviden....
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