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CHANDRA SHEKHAR JHA
Ravi Kumar, S/o. Sri Shyam Narayan Choudhary – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(Chandra Shekhar Jha, J.)
This appeal has been preferred by the appellant/convict under Section 374(2) of the Code of Criminal Procedure (hereinafter referred to as ‘the Code’) challenging the impugned judgment of conviction dated 28.06.2023 and order of sentence dated 03.07.2023 respectively passed by learned Additional Sessions Judge-I-cum-Special Judge NDPS, Vaishali at Hajipur in NDPS No. 91 of 2020 arising out of Hajipur Sadar P.S. Case No.633 of 2020, whereby the concerned Trial Court has convicted the appellant/convict for the offences punishable under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act (for short ‘NDPS Act’) and sentenced to undergo rigorous imprisonment for ten years with fine of Rs.1,00,000/- and in default of payment of fine, to further undergo rigorous imprisonment for two years under Section 20(b)(ii)(c) of the NDPS Act.
2. The case of prosecution is based on written report of informant, namely, Sanjeev Kumar (PW-1), Sub-Inspector of Police, Sadar Police Station, Hajipur, which was addressed to the Inspector of Police-cum-Officer-in-Charge of Sadar Police Station in which it is alleged that on 13.10.2020, he along with a
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.
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 prosecution must comply with mandatory procedures for seizure and sampling under the NDPS Act, and failure to do so undermines the conviction.
The prosecution must prove its case beyond reasonable doubt in NDPS Act cases, and non-compliance with statutory provisions vitiates the trial.
Possession of narcotic substances can result in conviction under NDPS despite procedural non-compliance if evidentiary strength supports prosecution's claims.
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