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IN THE HIGH COURT OF JUDICATURE AT PATNA
JITENDRA KUMAR
Ali Haque S/o Late Md. Musa – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
JITENDRA KUMAR, J.
1. The present appeal has been preferred against the impugned judgment of conviction and order of sentence dated 16.12.2020, passed by Ld. District and Sessions Judge-cum-Special Judge, NDPS Act, West Champaran at Bettiah in Sessions Trial No. 18 of 2017/C.I.S. No. 23 of 2019, arising out of Kangali P.S. Case No. 08 of 2017, whereby the sole appellant has been found guilty of offence punishable under Sections 20 (b) (ii)(c), 22(c) and 23(c) of NDPS Act and sentenced to undergo R.1. for 10 years and to pay a fine of Rs.1,00,000/- for each offences separately, total amounting to Rs.3,00,000/- and in case of default to pay the fine, to undergo additional S.I. for nine months for each default.
Prosecution Case
2. The prosecution case as emerging from the written report of the informant L. Hemo Singh addressed to Officer-in- Charge, Kangali, West Champaran, Bihar is that at 12 O'clock on 24.01.2017 he got information from Deputy Commandment that one person of height of 5'4" aged about 60 years, wearing white Kurta and Pajama is about to pass border pillar No. 403/12 (49). After getting information, he constituted one team and proceeded at 12:20 O'clock to the s
The prosecution must comply with mandatory procedural requirements in drug cases, failing which foundational facts required to establish guilt cannot be met, leading to acquittal.
In drug-related offenses, strict adherence to statutory procedural safeguards is mandatory for a fair trial, and non-compliance vitiates the prosecution case.
Compliance with mandatory provisions of the NDPS Act is essential for conviction; however, the absence of independent witnesses does not automatically discredit credible police testimony.
NDPS Act – Search and seizer of contraband – Conviction set aside - prosecution has not complied with the provisions of Section 42 of NDPS Act as the information alleged to have been received regardi....
The prosecution's failure to follow mandatory procedures for search and seizure under the NDPS Act vitiated the trial, leading to the acquittal of the accused.
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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