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RAJIV ROY
Sanjay Mahto Kewat – Appellant
Versus
State of Bihar – Respondent
Rajiv Roy, J. – Heard the parties.
2. The present appeal has been preferred against the judgment and order dated 06.06.2022 passed by the learned District and Sessions Judge, West Champaran, Bettiah in N.D.P.S. Case No. 152 of 2018, NCB Case No. 23 of 2018 and Special Case No. 18 of 2018 by which the appellant has been convicted under section 20(b)(ii)C and 23(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth for short ‘the NDPS Act’) and sentenced to undergo rigorous imprisonment for ten years and a fine of Rs. One Lakh (Rs.1,00,000/-) on each count and in default of payment of fine, further to undergo rigorous imprisonment for one year. Both the sentences have been ordered to run concurrently.
3. The prosecution story which led to the initiation/conclusion of the trial and the conviction of the appellant is that on 02.05.2018, the SSB 47 Battalion, Inerwa Head, Raj Kumar Kumawat got information that a person with ‘Charas’ is going to cross pillar no. 413 to enter India from Nepal. Accordingly, a team was formed which reached the Inerwa near pillar no. 413 of India-Nepal Border. Two persons were seen coming, when they were asked to stop, tried to escape. Whi
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....
Procedural non-compliance with the NDPS Act regarding search, seizure, and evidence handling resulted in acquittal, establishing that failure to follow mandated protocols undermines prosecution's cas....
Mandatory compliance with NDPS Act's provisions for seizure and evidence is essential; failure leads to invalidation of convictions.
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.
(1) Section 52A of NDPS Act is a mandatory rule of evidence – When there is non-compliance of Section 52A of NDPS Act, where a certification of a Magistrate is lacking any inventory, photograph or li....
Mandatory compliance with Section 52A of the NDPS Act is essential for the validity of evidence in narcotics cases.
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