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A. M. BADAR, HARISH KUMAR
Md. Mojamil – Appellant
Versus
State of Bihar – Respondent
Harish Kumar, J. – All the three appeals have been preferred by the respective appellants against the judgment of conviction dated 20.01.2018 and the consequent order of sentence dated 29.01.2018, passed by the learned 1st Additional Sessions Judgecum- Special Judge, N.D.P.S. Act, East Champaran, Motihari in N.D.P.S. Case No. 07 of 2014 and, as such, with consent of the parties, the same are being heard together and disposed of by this common order.
2. The appellants Md. Mojamil (in Cr. Appeal (DB) No. 489 of 2018) and Noor Alam (in Cr. Appeal (DB) No. 471 of 2018) stood charged separately for the offences punishable under Sections 20(b)(ii)(C) and 23(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as “NDPS Act, 1985”) for recovery of 5 Kg. and 4 ½ Kg. charas from their respective possession. The appellant Jabiullah (in Cr. Appeal (DB) No. 277 of 2018) stood charged under Sections 20(b)(ii)(B) and 23(b) of the NDPS Act for recovery of 500 gm. charas from his conscious possession.
3. During trial, the aforenoted respective charges stand proved and the appellant Md. Mojamil (in Cr. Appeal (DB) No. 489 of 2018) and Noor Alam (in Cr. Appeal (DB) No. 4
Non-compliance with the procedure for drawing up the sample of the narcotic, lack of compliance with the prescribed procedure under the NDPS Act, 1985 at all the stages, and the case being based on t....
It was also held that they were not inexorable rules as there could be circumstances in which it may not be possible for the seizing officer to prepare the mahazar at the spot, if it is a chance reco....
When directions are issued by an authority having the legal sanction granted therefor, it becomes obligatory on the part of the subordinate authorities to comply therewith.
According to Section 52-A(4) of the Act, samples drawn and certified by the Magistrate in compliance with sub-section (2) and (3) of Section 52-A above constitute primary evidence for the purpose of ....
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