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IN THE HIGH COURT OF JUDICATURE AT PATNA
RAJEEV RANJAN PRASAD, SONI SHRIVASTAVA
Surendra Prasad, Son of Late Lakhraj Mahto – Appellant
Versus
Union of India through Custom Commissioner, Muzaffarpur – Respondent
JUDGMENT :
RAJEEV RANJAN PRASAD, J.
Heard Mr. Ramakant Sharma, learned Senior Counsel, Mr. Manish Kumar No.II, learned counsel and Mr. Santosh Bharti, learned counsel representing the appellants in both the appeals and Mr. Anshuman Singh, learned Senior Counsel representing the Directorate of Revenue Intelligence (DRI).
2. Both the appeals have been preferred for setting aside the judgment of conviction dated 27.06.2024 (hereinafter referred to as the ‘impugned judgment’) and the order of sentence dated 01.07.2024 (hereinafter referred to as the ‘impugned order’) passed by the learned Exclusive Special Judge-II (NDPS), Muzaffarpur (hereinafter referred to as the ‘learned trial court’) in NDPS Case No. 26 of 2023 arising out of DRI Case No. 26 of 2003. By the impugned judgment, the appellants have been convicted for the offences punishable under Section 20(b)(ii)(c) of the Narcotics Drugs & Psychotropic Substances Act (in short ‘NDPS Act’) and by the impugned order, they have been ordered to undergo rigorous imprisonment for fifteen years (15) years each with a fine of Rs.50,000/- each under Section 20(b)(ii)(c) of the NDPS Act and in default of payment of fine, they have to further un
Possession of narcotic substances can result in conviction under NDPS despite procedural non-compliance if evidentiary strength supports prosecution's claims.
The prosecution must prove its case beyond reasonable doubt in NDPS Act cases, and non-compliance with statutory provisions vitiates the trial.
The judgment established the significance of producing seized materials as evidence, proper sampling and handling of contraband, and compliance with N.D.P.S. Act provisions for maintaining the credib....
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.
Non-compliance with Section 52A of the NDPS Act, requiring samples to be drawn and certified by a Magistrate, vitiates the trial as it fails to produce primary evidence.
Failure to comply with mandatory procedures under the NDPS Act vitiates conviction, necessitating primary evidence for a valid trial.
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.
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