Back
DEBANGSU BASAK, MD. SHABBAR RASHIDI
Hazarat Ali Molla @ Hazrat Ali Molla – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Md. Shabbar Rashidi, J.
1. The appeal is directed against the judgment of conviction dated December 08, 2021 and order of sentence dated December 10, 2021, passed by learned 4th Additional Sessions Judge, Alipore, South 24 Parganas in connection with Sessions Trail No. 3(1) of 2018 arising out of Sessions Case No. 1 (9) Of 2017.
2. By the Impugned Judgement of Conviction, the appellants were convicted for the offence punishable under Section 20 (b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. By the impugned order of sentence, all the three appellants were sentenced to undergo rigorous imprisonment for 12 years and to pay a fine of Rupees one lakh and in default of payment of fine to undergo imprisonment for a further period of six months.
3. On May 31, 2017, one Dababrata Sikder, sub-inspector, ADRS, DD, lodged a written complaint with the officer-in-charge of Taratala PS to the effect that on May 31, 2017 at about 14.30 hours, he received a credible source information that male persons would be coming to sell/supply charas in Taratala PS area in the afternoon. The information was reduced into writing and forwarded to the officer in charge ADRS, DD. U
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....
Testimony of police officials can be sufficient for conviction in drug cases, even without independent witnesses, as long as found reliable and trustworthy.
Non-compliance with the procedure for drawing up the sample of the narcotic, lack of compliance with the prescribed procedure under the NDPS Act, 1985 at all the stages, and the case being based on t....
Compliance with procedural requirements under the NDPS Act is crucial for upholding convictions related to narcotic offenses, with substantial evidence supporting conscious possession.
The failure to comply with mandatory provisions of the NDPS Act regarding search and seizure renders the conviction suspect, requiring acquittal.
Compliance with the provisions of Section 50 of the NDPS Act is not required where personal search of the body of the accused is not involved, and the provisions of Section 42 of the NDPS Act are not....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
