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JOYMALYA BAGCHI, GAURANG KANTH
Tinku Das – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
JOYMALYA BAGCHI, J.
1. Appeal is directed against judgment and order dated 12.04.2018 and 16.04.2018 passed by the learned Additional Sessions Judge, 1st Court, Cooch Behar (NDPS) in NDPS Case No. 22 of 2016 convicting the appellant for commission of offence punishable under Section 21(C) of the NDPS Act and sentencing him to suffer rigorous imprisonment for ten years and to pay fine of Rs.1,00,000/- in default, to suffer rigorous imprisonment for a year more.
Prosecution case:
2. Prosecution case as alleged against the appellant is as follows:
3. PW-1 intimated ASI, Gouranga Roy (PW-8) to detain the truck. Thereafter, PW-1 accompanied by PWs 3 and 4, Constables Ashim Das and Bimal Kumar Dey left for Sankosh bridge to work out the information. At 11.05 hours they reached Sankosh bridge a
The presence of Gazetted Officers during the recovery of contraband exempted the case from Section 42(2) of the NDPS Act, and the prosecution proved possession beyond reasonable doubt.
The court affirmed that possession of contraband substances establishes statutory presumptions requiring defendants to prove lack of conscious possession under the Narcotic Drugs and Psychotropic Sub....
In view of the consistent and convincing evidence of the prosecution witnesses available on record, it can legally be presumed under Section 54 of the NDPS Act that the appellant consciously possesse....
Non-compliance with mandatory provisions of the NDPS Act and contradictions in evidence undermine the prosecution's case, leading to the reversal of conviction.
Strict compliance with the statutory provisions of the NDPS Act, particularly in cases involving the seizure and disposal of contraband, is crucial to establish the integrity of the evidence and the ....
Procedural lapses in narcotics investigations under NDPS Act can lead to dismissal of convictions, requiring strict adherence to statutory requirements for search and custody.
Total non-compliance with Section 42 of the NDPS Act renders the search and seizure invalid, compromising the prosecution's case and necessitating overturning of the conviction.
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