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BIRENDRA KUMAR
Paspat Sahani – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT
1. The appellants above named have challenged their conviction for offences under Sections 20(b) (ii)(C) and 23(c) of the N.D.P.S. Act by judgment dated 19.11.2015 passed in N.D.P.S. Case No. 63 of 2012 arising out of Palanwa P.S. Case No. 73 of 2012. The learned trial Judge (Additional Sessions Judge-I, East Champaran at Motihari) by the impugned order of sentence dated 21.11.2015 awarded 10 years rigorous imprisonment and a fine of Rs. 1 lac under both the aforesaid heads of the offences. However, the sentences were ordered to run concurrently.
2. The prosecution case as disclosed in the written report of PW-1 Ram Vinay Singh is that he along with his eight helpers put an ambush near Indo Nepal Border at Piller No. 400, Bridge No. 88. Some people from the Nepal side carrying bundles on their head were entering into the territory of India at about 11 PM on 16.06.2012. When they were stopped for queries, the people threw their bundles and started fleeing. Three of them namely the two appellants and one Jado Lal Yadav were apprehended and in presence of Tribhuwan Prasad Yadav (PW-5) and Navin Kumar (PW-6), the thrown articles were searched and it was noticed that ganja like s
Non-compliance with statutory provisions of the N.D.P.S. Act regarding search and seizure vitiates the prosecution case, warranting acquittal on grounds of reasonable doubt.
Non-compliance with mandatory provisions of the NDPS Act, such as section 42(2) and section 50(4), can render the prosecution case doubtful and lead to acquittal.
Compliance with procedural requirements under the NDPS Act is essential; failure to ensure due process can undermine the prosecution's case, resulting in acquittal.
Point of Law : NDPS Act – Conviction set aside - Complete lack of evidence as to whether the seized substances were sealed at all muchless in presence of responsible person.
Failure to comply with mandatory procedures under the NDPS Act vitiates conviction, necessitating primary evidence for a valid trial.
Strict compliance with Section 50 of the NDPS Act is required for the search and recovery of narcotic substances, and failure to comply can lead to the invalidation of the seizure.
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