IN THE HIGH COURT OF JUDICATURE AT PATNA
PRABHAT KUMAR SINGH
Parma Sah Son of late Yamuna Sah – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
PRABHAT KUMAR SINGH, J.
1. Heard learned counsel for the appellant and learned A.P.P. for the State.
2. This appeal has been filed challenging the judgment of conviction dated 28.04.2016 and order of sentence dated 30.04.2016 passed in Trial No. 39 of 2014 corresponding to N.D.P.S. Case No. 12 of 2014 arising out of Sathi P.S. Case No. 121 of 2014 whereby and whereunder the sole appellant has been convicted under Sections 20(b)(ii)(B), 22(b) and 23(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as the N.D.P.S. Act) and has been sentenced to undergo rigorous imprisonment for 10 years and pay a fine of Rs. 1,00,000/- for each of the offence and in case of default of payment of fine, to further undergo imprisonment for one year for each default.
3. The prosecution case, in brief, is that on 07.07.2014 at about 16:00 hours, informant, namely Dhirendra Nath Verma, received secret information that two persons are going to Sathi Railway Station on a motorcycle with Ganja. Upon receiving the information, a raiding team was prepared and the same reached near Sathi Bazar Railway Station and at about 18:15 hours, two persons were seen coming from S
The conviction under the N.D.P.S. Act was overturned due to significant procedural violations on search and seizure, establishing that prosecution must comply with established legal protocols.
Strict compliance with the mandatory provisions of Section 42(1) and 42(2) of the NDPS Act is required, and the prosecution must establish the accused's conscious possession of the contraband.
Non-compliance with mandatory provisions of the N.D.P.S. Act vitiates the conviction, especially where the prosecution relies solely on police testimony without corroboration from independent witness....
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