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IN THE HIGH COURT OF JUDICATURE AT PATNA
RAMESH CHAND MALVIYA
Rakesh Singh, Son of Sudarshan Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
RAMESH CHAND MALVIYA, J.
1. Heard Mr. Rajiv Kumar Singh, assisted by Mr. Narendra Kumar Singh, learned counsel for the appellant and Mr. A. M. P. Mehta, learned APP for the State.
2. The present appeal is directed against the judgment and order of sentence dated 30.11.2007 passed by the learned Additional Sessions Judge-I-cum-Special Judge (NDPS), Bhojpur at Ara in NDPS Case No. 01 of 1994 arising out of Ara Mufassil P.S. Case No. 03 of 1994 whereby the learned trial Court has convicted the appellant under Section 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and has sentenced to undergo rigorous imprisonment for a period of five years and also to pay a fine of Rs. 50,000/- and in default of payment of fine he shall further undergo rigorous imprisonment for a period of one year.
3. As per the allegation in the FIR being Ara Muffassil P.S. Case No. 03 of 1994 instituted by one Sona Lal Singh, Sub-Inspector that he received secret information that a person keeping Ganja in a gunny bag on a bicycle from Dobaha Bazar towards Basantpur. After making a sanha entry being Entry No. 66 of 1994 he along with police personal and the informant proceeded to verify t
The prosecution failed to establish the appellant's guilt beyond a reasonable doubt, revealing critical inconsistencies and procedural lapses in adhering to the NDPS Act.
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.
Possession of contraband leads to rebuttable presumption of guilt under sections 35 and 54 of the N.D.P.S. Act, which shifted the burden to the accused to prove lack of culpable mental state, a burde....
Non-compliance with statutory requirements for search and seizure under the NDPS Act renders the prosecution's case doubtful, leading to the reversal of 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.
Section 43 deals with the power of seizure and arrest of the suspect in a public place.
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