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ARVIND KUMAR VERMA
Heera Das Mahant S/o Late Ganga Das Mahant – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
1. Challenge in this criminal appeal is to impugned judgment of conviction and sentence dated 17.09.2018 passed by learned Special Judge, (NDPS Act), Bilaspur, (CG) in Special Criminal Case (NDPS Act) No.03/2017, whereby the appellant stands convicted and sentence as under:
| Conviction | Sentence |
| Under Section 20(B) (ii)(C) of NDPS Act | Rigorous imprisonment for 10 years & fine of Rs.1,00,000/-, in default of payment of fine 06 months additional RI. |
2. Case of the prosecution, in brief, is that on 04.08.2016 the Police of Police Station -Pendra received information that some persons are carrying illegal contraband (ganja) and are going towards bhadi on white Xylo vehicle without number for selling it. On receiving said information, they intercepted the said vehicle on which appellant alongwith two other persons were travelling. During course of search, 200 kg illicit contraband (ganja) was seized from the said vehicle. On the basis of seizure, appellant was arrested. After completion of other necessary formalities, the police returned to the Police Station and deposited the seized contraband in the Malkhana and lodged FIR against the appellant. Stat
Failure to comply with mandatory procedures under the NDPS Act vitiates conviction, necessitating primary evidence for a valid trial.
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 procedures under the NDPS Act leads to vitiation of conviction, requiring strict adherence to evidence collection protocols.
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....
Possession of narcotic substances can result in conviction under NDPS despite procedural non-compliance if evidentiary strength supports prosecution's claims.
Failure to comply with mandatory seizure and sampling procedures under the NDPS Act vitiates conviction, as primary evidence was not established.
Mandatory compliance with NDPS Act's provisions for seizure and evidence is essential; failure leads to invalidation of convictions.
Strict adherence to procedural requirements in the NDPS Act is essential for securing convictions; failure to follow these mandates can lead to acquittal.
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