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ASHWANI KUMAR SINGH, ARVIND SRIVASTAVA
Parshuram Bind – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
Ashwani Kumar Singh, J.
Heard Mr. Ansul, learned counsel for the appellants and Ms Shashi Bala Verma, learned Additional Public Prosecutor of the State.
2. The appellants have preferred the present appeal against the judgment and order dated 29.02.2016 and 05.03.2016 respectively passed by the learned 1st Additional Sessions Judge, Gopalganj in Trial Case No. 42 of 2013 arising out of Vijayepur PS. Case No. 28 of 2013 whereby they have been held guilty of the offences punishable under Section 20(b) (ii)(C) of the Narcotic Drugs and Psychotropic Substances Act (for short 'NDPS Act') and sentenced to undergo R.I. for 12 years and to pay a fine of Rs. 1,00,000/- each and on failure to pay the amount of fine to undergo imprisonment for a further period of three years.
3. The first information report (for short 'FIR') of Vijaipur PS. Case No. 28 of 2013 was registered on 28.02.2013 at 2:30 p.m. on the basis of written statement of Station House Officer of Vijayepur Police Station Mr. B.P. Alok. He had recorded his self-statement on 28.02.2013 at 5:00 a.m. at village Dobhal on Gangachapar Majhbaliya main road. In his written statement, he has recorded that he received an informati
The conviction under the N.D.P.S. Act was overturned due to significant procedural violations on search and seizure, establishing that prosecution must comply with established legal protocols.
Procedural lapses in evidence collection under the NDPS Act, particularly failure to comply with Section 52A, render prosecution's case insufficient for conviction.
The prosecution must comply with mandatory procedures for seizure and sampling under the NDPS Act, and failure to do so undermines the conviction.
The burden of proof under sections 35 and 54 of the N.D.P.S. Act, compliance with statutory provisions, and the credibility of official witnesses were central legal principles established in the judg....
The prosecution must prove its case beyond reasonable doubt, especially in drug-related offenses, where compliance with mandatory procedures is crucial.
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