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BIRENDRA KUMAR
Ramchandra Mandal – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT
Birendra Kumar, J. - A brief backdrop of the case, leading to this application under Section 397 read with Section 401 of the Code of Criminal Procedure, is that the Station House Officer of Naya Ram Nagar Police Station, on the basis of his self statement, registered Naya Ram Nagar P.S. Case No. 93 of 2012 on 26.07.2012 for offences under Section 414 of the Indian Penal Code, Sections 10/13 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as the "UAP Act") and Sections 25(1-AA)/(1-AAA), 26(2) and 35 of the Arms Act, 1959.
2. According to the prosecution case, accused Kundan Mandal and other named persons were reported to be moving in the area to supply arms and explosives to the Nuxals. After making an entry in the station diary, the informant along with the police team proceeded towards NH-80. Near Sweta Bengal Sweets, the police put an ambush and noticed that a vehicle was entering in the lane by the side of the aforesaid Sweets shop. Looking at the police party, three persons from the vehicle started fleeing and managed their escape. One of them was identified as Kundan Mandal. One Dilip Kumar Sah and Vishal Kumar were arrested by the police and
Procedural lapses in seizure under the Unlawful Activities (Prevention) Act do not invalidate the action if justified by the circumstances surrounding the case.
The court affirmed the seizure of funds under the UAPA, establishing that the funds were proceeds of terrorism linked to extortion activities by a terrorist organization.
The main legal point established in the judgment is the mandatory nature of prescribed procedures and the need for decisions to be made in accordance with the statutory provisions, particularly in th....
Failure to comply with mandatory procedures under the NDPS Act vitiates conviction, necessitating primary evidence for a valid trial.
The court ruled that unauthorized searches under the NDPS Act invalidate the evidence, warranting bail for the accused due to procedural non-compliance.
Strict adherence to the NDPS Act's provisions regarding search and seizure is essential; failure to comply can lead to the invalidation of evidence and grant of bail.
Only authorized officers can conduct searches and seizures under the NDPS Act; non-compliance with statutory procedures warrants bail.
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