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CHAKRADHARI SHARAN SINGH, NAWNEET KUMAR PANDEY
Rubul Hussain @ Rubul Hasan – Appellant
Versus
State of Bihar – Respondent
Chakradhari Sharan Singh, J. – This appeal has been preferred by the sole appellant under Section 374(2) of the Code of Criminal Procedure, 1973 (CrPC for short), putting to challenge a judgment of conviction dated 07.02.2020 and the order of sentence dated 10.02.2020, passed by the learned Additional Sessions Judge-VIth-cum-Special Judge, N.D.P.S. Act, Patna, in Special Case No.28 of 2015/ CIS No. 28 of 2015 (Arising out of DRI/LZU/PRU/718(II)/ENQ-24/2015), whereby the appellant has been convicted and sentenced as under: –
Cr. Appeal (DB) No. 6 of 2021
| Appellant | Penal provision | Imprisonment | Sentence Fine (Rs.) In default of fine |
| Rubul Hussain @ Rubul Hasan | Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act, for short) | R.I. for 15 years | 1,00,000/- S.I. for one year |
2. We have heard Mr. Ansul, learned counsel appearing on behalf of the appellant and Mr. Ranvir Kumar, learned Senior Standing Counsel appearing for the D.R.I.
3. It is the case of the prosecution, as disclosed in the forwarding report submitted by Pradeep Kumar Pand
Non-compliance with the recording of secret information and procedural requirements under Sections 41 and 42 of the NDPS Act can lead to the acquittal of the accused despite evidence for drug-related....
The court upheld the conviction under Section 20(b)(ii)(C) of the NDPS Act for possession of ganja, clarifying the applicability of Sections 42 and 43, and addressing the burden of proof regarding po....
The main legal point established in the judgment is the importance of correctly framing the charge and ensuring proper conviction under the relevant offence, as well as the mandatory compliance of pr....
The main legal point established in the judgment is the necessity of compliance with statutory provisions, particularly section 42 of the N.D.P.S. Act, and the consequences of non-compliance in the c....
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 recovery of contraband from a public place does not require compliance with Section 42 of the NDPS Act, and the presumption of conscious possession under Section 54 places the burden of proof on ....
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