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IN THE HIGH COURT OF JUDICATURE AT PATNA
RAJEEV RANJAN PRASAD, RITESH KUMAR
Ayasa Khatun @ Ayesha Khatoon Wife Of Najir Miya – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
RAJEEV RANJAN PRASAD, J.
1. This appeal is arising out of the judgment of conviction dated 07.08.2019 (hereinafter referred to as the ‘impugned judgment’) and the order of sentence dated 16.08.2019 (hereinafter referred to as the ‘impugned order’) passed by learned District and Sessions Judge-cum-Special Judge, NDPS Act, West Champaran, Bettiah (hereinafter referred to as the ‘learned Trial Court’) in NDPS Case No. 20 of 2016, Sessions Trial No. 25 of 2016 arising out of Bettiah Town P.S. Case No. 397 of 2016.
2. By the impugned judgment, the learned trial court has been pleased to convict the appellant for the offences punishable under Sections 20 (b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act (in short ‘NDPS Act’) and ordered to undergo rigorous imprisonment for twelve years and to pay a fine of Rs.1,00,000/- under Section 20 (b)(ii)(C) of the NDPS Act. In case of default of payment of fine, she shall have to further undergo imprisonment for two years.
Prosecution Case
3. The prosecution case is based on the written application (Exhibit ‘2’) of Rajesh Kumar (PW-4), Officer- Incharge at Nagar Thana, Bettiah. On 29.07.2016 at 01:00 PM, the informant along w
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....
Failures and inconsistencies in the prosecution's case, including unexplained delay in informing the police, contradictions in the evidence of prosecution's witnesses, and failure to produce the seiz....
In drug-related offenses, strict adherence to statutory procedural safeguards is mandatory for a fair trial, and non-compliance vitiates the prosecution case.
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.
The conviction was quashed due to failure to comply with mandatory procedures for evidence collection under the NDPS Act, emphasizing the importance of a fair trial.
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