Back
RAMESH SINHA, SACHIN SINGH RAJPUT
Pamosushi Vijay Paramjyoti S/o Pamu Abraham – Appellant
Versus
State of Chhattisgarh Through Station House Officer – Respondent
ORDER :
Ramesh Sinha, C.J.
1. Since these aforesaid three criminal appeals have been filed against the impugned judgment dated 27.04.2023 passed by the Special Judge (N.D.P.S.), Raipur in Special Criminal Case No.22/2018, they are clubbed & heard together and are being disposed of by this common judgment.
2. Appellants-Pamosushi Vijay Paramjyoti and Ravi Nadar have preferred Criminal Appeal No.1095 of 2023 under Section 374(2) of the CrPC questioning the impugned judgment dated 27.04.2023 passed by the Special Judge (N.D.P.S.), Raipur in Special Criminal Case No.22/2018, by which they have been convicted for offence under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called as 'NDPS Act') and sentenced them undergo rigorous imprisonment for 15 years and fine of Rs.2,00,000/-, in default of payment of fine to further undergo rigorous imprisonment for 1 years.
3. Appellant- N. Shriniwas Rao has preferred Criminal Appeal No.1310/2022 under Section 374(2) of the CrPC questioning the impugned judgment dated 27.04.2023 passed by the Special Judge (N.D.P.S.), Raipur in Special Criminal Case No.22/2018, by which he has been convicted for offence
Strict compliance with the mandatory provisions of the NDPS Act, particularly regarding the procedure for seizure, sampling, and safe custody of seized articles, is crucial. Non-compliance with these....
Mandatory compliance with NDPS Act's provisions for seizure and evidence is essential; failure leads to invalidation of convictions.
Recovery of Ganja – Samples drawn in presence of Magistrate and list thereof on being certified alone would constitute primary evidence for the purposes of trial.
Non-compliance with mandatory provisions of the NDPS Act and lack of corroboration from witnesses can vitiate the conviction.
The central legal point established in the judgment is the requirement of strict compliance with the procedural provisions of the NDPS Act, particularly Section 52A(2), (3) and (4), for seizure and s....
The conviction under the NDPS Act was quashed due to failure to comply with mandatory procedures for sample collection, emphasizing the importance of due process in narcotics cases.
Failure to comply with mandatory procedures under the NDPS Act vitiates conviction, necessitating primary evidence for a valid trial.
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
