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DEBANGSU BASAK, MD. SHABBAR RASHIDI
Vijoy Shaw @ Gora – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Md. Shabbar Rashidi, J.
1. The appeal is in assailment of the judgment of conviction dated February 24, 2020 and order of sentence dated February 27, 2020 passed by 12th Additional Sessions Judge cum Special Court under Narcotic Drugs and Psychotropic Substances Act in connection with Sessions Trial No. 03 (08) of 2017 arising out of Sessions Case No. 08 (05) of 2017.
2. By the impugned judgment, the appellant was convicted for the offence punishable under Section 20 (b) (ii) (c) of the Narcotic Drugs and Psychotropic Substances Act. By the impugned order of sentence, the appellant was sentenced to undergo 14 years of rigorous imprisonment and to pay a fine of Rs. 150,000 and in default to undergo further rigorous imprisonment for another one year.
3. The fact that gives rise to the instant case in a nutshell is that the de-facto complainant received a source information on February 20, 2017 at about 14.00 hrs to the effect that one male peddler will supply/sell charas in Watgunge police station area. The information was reduced into writing and was forwarded to the officer-in-charge, Narcotic Cell, D. D. Under due permission from the Assistant Commissioner, Narcotic Cell, D
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....
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....
The main legal point established in the judgment is that only the analyzed quantity of contraband can be considered as recovered, and failure to send the entire mass for chemical analysis would resul....
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....
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....
Compliance with procedural requirements under the NDPS Act is crucial for upholding convictions related to narcotic offenses, with substantial evidence supporting conscious possession.
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