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IN THE HIGH COURT OF JUDICATURE AT PATNA
Mohit Kumar Shah, Ashok Kumar Pandey
Sonu Kumar S/o Raju Ram @ Raju Mehtar – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
ASHOK KUMAR PANDEY, J.
We have heard Mr. Suraj Narain Yadav, learned counsel for the appellant and Mr. Ajay Mishra, learned Additional Public Prosecutor for the State as also perused the trial court records.
2. The present appeal has been preferred under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Cr.P.C.’) against the judgment of conviction dated 20.12.2017 (hereinafter referred to as the ‘impugned judgment’) and the order of sentence dated 02.01.2018 (hereinafter referred to as the ‘impugned order’) passed by the learned Additional District Judge-1st, Gaya (hereinafter called ‘the learned trial court’) in N.D.P.S. Case No. 18 of 2015 (arising out of Sasaram Rail P.S. Case No. 84 of 2015), by which the appellant has been convicted for the offences punishable under Sections 20 and 22 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (in short ‘NDPS’ Act) and he has been sentenced to undergo rigorous imprisonment for fifteen years along with a fine of Rs. 1,00,000/- and in default thereof, the appellant has been directed to further undergo rigorous imprisonment for two years. Both the sentences shall run concurrently.
Pro
Procedural lapses in evidence collection under the NDPS Act, particularly failure to comply with Section 52A, render prosecution's case insufficient for conviction.
The court emphasized the necessity for strict adherence to procedural safeguards in drug-related cases, ruling that non-compliance rendered the prosecution's case unsustainable.
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.
As per section 55 of Act of 1985, police is required to take charge of articles seized or delivered and keep in safe custody pending order of Magistrate.
Non-compliance with mandatory procedural requirements under the NDPS Act, particularly Section 52A, undermines the prosecution's case and warrants acquittal.
Failure to comply with mandatory procedures under the NDPS Act vitiates conviction, necessitating primary evidence for a valid trial.
Recovery of contraband – Penal provisions of NDPS Act, 1985 prescribes very harsh punishment for offender and it is incumbent for prosecution side that mandatory procedural requirement to be followed....
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