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RAJIV ROY
Deepak Kumar Rai – Appellant
Versus
State of Bihar – Respondent
Rajiv Roy, J.—The present appeal has been preferred against the the judgment and order dated 13.01.2023 as also the sentence dated 16.01.2023 passed by the learned Additional District & Sessions Judge-1 Purnia in Special Case No- 02/2016/CIS No.01/2016 arising out of Baisi P.S. Case No. 91/2016 dated 20.06.2016 by which the appellant has been convicted under section 20(b)(ii) (c) Narcotics Drugs and Psychotropic Substances Act, 1985 (henceforth for short ‘the NDPS Act’) and sentenced to undergo rigorous imprisonment for 10 years and fine of Rs. one lakh and in default, six months of simple imprisonment.
2. The prosecution story as read in the FIR is/are as follows:—
(i) on 20.06.2016 at 7:45 hours morning, the informant, Police Inspector cum S.H.O., Baisi Police Station namely Tarkeshwar Prasad Singh has recorded his statement at village Sadipur that while on 20.06.2016 at 00:30 hours, he was on patrolling duty and checking the vehicles along with the police force at Bausi, around 02:30 hours, they found a one car coming from Dalkola side. However, upon sight of the Police, the car took a turn with the intention to escape. The Police however, chased and was able to stop it. The Drive
The central legal point established in the judgment is the requirement of strict compliance with the procedural provisions of the NDPS Act, particularly Section 52A(2), (3) and (4), for seizure and s....
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.
Strict compliance with statutory provisions under the NDPS Act is essential for upholding convictions; failure to produce seized contraband and lack of proper inventory preparation undermines the pro....
Mandatory provisions of the NDPS Act regarding search and seizure must be strictly followed; failure to do so can lead to acquittal due to reasonable doubt.
Failure to comply with mandatory procedures under the NDPS Act vitiates conviction, necessitating primary evidence for a valid 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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