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CHANDRA SHEKHAR JHA
Jodha Paswan, Son Of Late Megha Paswan – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(Chandra Shekhar Jha, J.)
1. At the outset, it is important to mention that all above named appeals are disposed herewith through this common judgment, as same arises out of NDPS Case No. 34/2017, arising out of Barahara P.S. Case No. 302/2017 disposed by learned 4th Additional Sessions Judge-Cum-Special Judge, Excise, Bhojpur, Ara.
2. Heard Mr. Raju Kumar Singh, Advocate assisted by Mr. Praveen Kumar, Advocate and Ms. Anju Kumari Sinha, Advocate appearing for the appellant/convict and Mr. Mukeshwar Dayal, learned APP appearing for the State in Cr. Appeal (SJ) No. 885 of 2023), Mr. Raju Kumar Singh, learned counsel appearing for the appellant and Mr. A.M.P. Mehta, APP appearing for the State in Cr. Appeal (SJ) No. 2430 of 2021 and Mr. Uday Kumar, Advocate assisted by Mr. Subhen Sarkar appearing for the appellants/convicts and Ms. Anita Kumari Singh, learned APP appearing for the State in Cr. Appeal (SJ) No. 2746 of 2021.
3. All above mentioned appeals preferred under Section 374 (2) of the Criminal Procedure Code (in short Cr.P.C.) challenging the judgment of conviction dated 28.01.2021 and order of sentence dated 30.01.2021 rendered by learned IVth Additional Sessions Judg
Prosecution's failure to comply with mandatory provisions of the NDPS Act led to the acquittal of the appellants due to insufficient evidence.
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.
The prosecution must strictly comply with statutory requirements under the NDPS Act to establish a prima facie case; failure to do so undermines the conviction.
Strict adherence to procedural requirements in the NDPS Act is essential for securing convictions; failure to follow these mandates can lead to acquittal.
Possession of narcotic substances can result in conviction under NDPS despite procedural non-compliance if evidentiary strength supports prosecution's claims.
Failure to comply with mandatory procedures under the NDPS Act vitiates conviction, necessitating primary evidence for a valid trial.
The prosecution must comply with mandatory procedures for seizure and sampling under the NDPS Act, and failure to do so undermines the conviction.
Non-compliance with mandatory procedures under the NDPS Act leads to vitiation of conviction, requiring strict adherence to evidence collection protocols.
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