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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
| Table of Content |
|---|
| 1. details of the judgment appeal and conviction (Para 1 , 2) |
| 2. prosecution case based on police raid and evidence (Para 3 , 4 , 5 , 6 , 7) |
| 3. court's assessment of evidence and trial court findings (Para 9 , 10) |
| 4. appellant's argument regarding procedural flaws (Para 12 , 13 , 14 , 15 , 16) |
| 5. state's defense of the conviction (Para 17 , 18) |
| 6. court analysis of discrepancies in prosecution's evidence (Para 19 , 20 , 21 , 22 , 23 , 24) |
| 7. supreme court's principles cited regarding ndps procedure (Para 25 , 26 , 27) |
| 8. conclusion on the necessity of evidence for conviction (Para 28) |
| 9. final order acquitting the appellant (Para 29 , 30) |
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.
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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