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CHAKRADHARI SHARAN SINGH, NAWNEET KUMAR PANDEY
Anil Yadav, Son of Sudama Yadav – Appellant
Versus
Union of India, through Director of Revenue Intelligence, Bihar – Respondent
JUDGMENT :
(Chakradhari Sharan Singh, J.)
The appellants have preferred these appeals under Section 374(2) of the Code of Criminal Procedure against a judgment of conviction dated 17.05.2022 and an order of sentence dated 19.05.2022 passed by the learned Sessions Judge, Muzaffarpur in DRI Case No. 07 of 2018 arising out of NDPS Case No. 42 of 2018, whereby and whereunder, they have been convicted and sentenced as under :-
Conviction under Section Sentence
Imprisonment Fine (Rs.) In default of fine
under Section 20(b)(ii)(C) of the NDPS Act Rigorous imprisonment for 20 years 1 Lakh S.I for one year
Conviction under Section Sentence
Imprisonment Fine (Rs.) In default of fine
under Section 20(b)(ii)(C) of the NDPS Act Rigorous imprisonment for 20 years 1 Lakh S.I for one year
2. An Intelligence Officer, Directorate of Revenue Intelligence, Regional Unit, Muzaffarpur, namely Sanjay Kumar Gupta, filed a complaint on 18.06.2019 in the court of learned Sessions Judge, Muzaffarpur, against these appellants, alleging commission of offences punishable under S
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.
Compliance with mandatory provisions of the NDPS Act is essential for conviction; however, the absence of independent witnesses does not automatically discredit credible police testimony.
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.
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.
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