Back
ASHUTOSH KUMAR, JITENDRA KUMAR
Shrawan Nat – Appellant
Versus
State of Bihar – Respondent
Ashutosh Kumar, J. – The appellant stands convicted under Section 20 (b)(ii)(c) of the N.D.P.S. Act, 1985 vide judgment dated 25.07.2017 passed by the learned 1st Additional District & Sessions Judge, Gaya in N.D.P.S. Case No. 12 of 2012, arising out of Barachatti P.S. Case No. 192 of 2012. By order dated 02.08.2017, he has been sentenced to undergo R.I. for twelve years, to pay a fine of Rs. 1,00,000/- and in default of payment of fine, to further suffer R.I. for two years.
2. 100 kilograms of Ganja is said to have been recovered from a box of a vehicle which apparently was being driven by the appellant.
3. Hence, the case against him.
4. With respect to the owner of the vehicle, viz. Chandrawati Devi, the investigation has been kept pending.
5. The Advocate-on-record, viz., Mr. Rakesh Narayan Singh, has given no objection in the case. We have requested Mr. Chandra Kant, the learned Advocate, to be amicus in this case. He has accepted the afore-noted request and has assisted this court in the hearing of this case.
6. The State has been represented by Mr. Abhimanyu Sharma, the learned APP.
7. The FIR was lodged by Krishna Kumar (P.W. 2) on 04.05.2012 alleging that on the same date, while
Strict compliance with statutory requirements and procedures under the N.D.P.S. Act, 1985 is essential, and the prosecution must establish a prima facie case before shifting the burden to the accused....
The central legal point established in the judgment is the significance of complying with the mandatory provisions of the NDPS Act, particularly in relation to search, seizure, and sampling procedure....
Recovery of Ganja – Samples drawn in presence of Magistrate and list thereof on being certified alone would constitute primary evidence for the purposes of trial.
Prosecution's failure to comply with mandatory provisions of the NDPS Act led to the acquittal of the appellants due to insufficient evidence.
Strict adherence to procedural requirements in the NDPS Act is essential for securing convictions; failure to follow these mandates can lead to acquittal.
The court emphasized the necessity for strict adherence to procedural safeguards in drug-related cases, ruling that non-compliance rendered the prosecution's case unsustainable.
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.
Failure to comply with mandatory procedures under the NDPS Act vitiates conviction, necessitating primary evidence for a valid trial.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
