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M. NAGAPRASANNA
Hanumantha S/o Shivanna – Appellant
Versus
State Of Karnataka – Respondent
ORDER :
The petitioners/accused 1 and 2 are knocking at the doors of this Court in the subject petition calling in question proceedings in C.C.No.8250 of 2021 pending before the II Additional Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru arising out of crime No.227 of 2019 registered for offences punishable under Section 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘the Act’ for short).
2. Facts, in brief, adumbrated are as follows:-
The 2nd respondent is the complainant, a police officer who was on probation at the relevant point in time and had not yet been confirmed in service. A complaint comes to be registered by the 2nd respondent against the petitioners. The gist of the complaint is that the complainant receives information through a credible informant that few persons are consuming ganja near Krupanidhi College within the jurisdiction of Varthur Police Station. The complainant is said to have informed the higher officials and is said to have caught the petitioners consuming ganja by exchanging chimneys. Therefore, a complaint comes to be registered for offence punishable under Section 27 of the Act. As necessary in law, blood samples of thes
The court established that violations of mandatory procedures under the NDPS Act, particularly Sections 50 and 52A, can invalidate criminal proceedings against accused individuals.
Recovery of Ganja – Samples drawn in presence of Magistrate and list thereof on being certified alone would constitute primary evidence for the purposes of trial.
Non-compliance with Section 52A of the NDPS Act regarding inventory certification renders evidence inadmissible, vitiating the trial.
Seizure of Ganja – FSL report cannot be considered as primary evidence and in absence of primary evidence, trial gets vitiated.
The prosecution's failure to produce primary evidence of seized contraband under the NDPS Act vitiated the trial, leading to the reversal of the conviction.
Possession of narcotic substances can result in conviction under NDPS despite procedural non-compliance if evidentiary strength supports prosecution's claims.
The prosecution's failure to follow mandatory procedures for search and seizure under the NDPS Act vitiated the trial, leading to the acquittal of the accused.
The mandatory requirements under Section 50 of the NDPS Act must be strictly followed to ensure an individual's rights during searches; failure to comply renders any recovery and subsequent convictio....
The central legal point established in the judgment is the requirement of strict compliance with the procedural provisions of the NDPS Act, particularly Section 52A(2), (3) and (4), for seizure and s....
Mandatory compliance with NDPS Act's provisions for seizure and evidence is essential; failure leads to invalidation of convictions.
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