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CHAKRADHARI SHARAN SINGH, NAWNEET KUMAR PANDEY
Sikindar Prasad Yadav @ Sikandar Prasad Yadav – Appellant
Versus
Union of India – Respondent
Chakradhari Sharan Singh, J.—This appeal has been preferred by the appellant under Section 374(2) of the Code of Criminal Procedure, putting to challenge a judgment of conviction dated 18.07.2019 and an order of sentence dated 19.07.2019, passed by learned Sessions Judgecum- Special Judge, East Champaran at Motihari in NDPS Case No. 39 of 2017 arising out of C.No. VIII(10)13/CUS/Seiz/NDPS/RXL/17/88 dated 8.4.2017, whereby the appellant has been convicted and sentenced as under:
Cr. Appeal (DB) No. 534 of 2022
| Appellant | Conviction under Section | Imprisonment | Sentence Fine (Rs.) | In default of fine |
| Sikindar Prasad Yadav | 20(b)(ii) (C) of NDPS Act | R.I. for 12 years | 1,50,000/- | S.I. for six months |
| Sikandar Prasad Yadav | 23(c) of NDPS Act | R.I. for 12 years | 1,50,000/- | S.I for six months |
2. All the sentences have been ordered to run concurrently.
3. An Inspector posted at Land Customs Station, Raxaul, Binod Kumar Das (PW-2) filed a complaint petition in the Court of learned Sessions Judge-cum-Special Judge, NDPS, Motihari on 19.07.2017 (Exhibit-14) givi
Strict compliance with statutory safeguards, including the requirements under Section 42 and the admissibility of confessional statements under Section 67, is essential in NDPS cases.
The conviction was quashed due to failure to comply with mandatory procedures for evidence collection under the NDPS Act, emphasizing the importance of a fair trial.
Procedural non-compliance with the NDPS Act regarding search, seizure, and evidence handling resulted in acquittal, establishing that failure to follow mandated protocols undermines prosecution's cas....
The court held that the prosecution's reliance on police witnesses is valid despite absence of independent witnesses, emphasizing that procedural defects in sample collection did not automatically in....
The main legal point established in the judgment is the requirement for compliance with procedural safeguards and fair procedure in the investigation and trial of cases under the NDPS Act.
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