Back
HIGH COURT OF CHHATTISGARH AT BILASPUR
Hon'ble Shri Justice Sanjay K. Agrawal, Hon'ble Shri Justice Sanjay Kumar Jaiswal, JJ
Mayur Deshle @ Manya, S/o Rajendra Deshle – Appellant
Versus
State of Chhattisgarh through the Police Station, Kanker, District Kanker, Chhattisgarh – Respondent
Judgment :
(Sanjay Kumar Jaiswal, J.)
1. Invoking jurisdiction of this Court under Section 374(2) of the CrPC, appellants Mayur Deshle @ Manya and Prakash Beldar @ Prakash Mohite herein have preferred these criminal appeals challenging the legality, validity and correctness of the judgment of conviction and order of sentence dated 23.02.2019 passed by the learned Special Judge (NDPS Act) Kanker (C.G.), in Special (NDPS Act) Criminal Case No. 9 of 2018 by which the appellants have been convicted and sentenced as under:-
| Conviction | Sentence & Fine |
| U/s 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 | R.I. for 15 years and to pay a fine of Rs.1,50,000/- each; in default of payment of fine, additional rigorous imprisonment for 3 years. |
Since the facts and evidence as also the question of law involved in both the appeals are similar, they are being disposed of by this common judgment.
2. In this case, it is alleged that on 28.12.2017 the accused appellants were found illegally transporting 124 Kgs. & 318 grams of narcotic substance (ganja) in 61 packets. .
3. The case of prosecution is that on 28.12.2017 Sub-Inspector Purushottam Kurre of Police station Kanker was instructed b
In NDPS cases, once the prosecution establishes a prima facie case, the burden shifts to the accused to explain possession of the narcotic substance.
The absence of support from independent witnesses does not invalidate the prosecution's case if corroborated by credible evidence from law enforcement officials.
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.
The prosecution must prove its case beyond reasonable doubt, especially in drug-related offenses, where compliance with mandatory procedures is crucial.
The court affirmed the conviction under the NDPS Act, emphasizing that procedural lapses do not invalidate the trial when no prejudice is demonstrated, and the prosecution established possession and ....
The court affirmed that possession of 201 kilograms of ganja established under the NDPS Act sufficed for conviction, confirming that procedural safeguards were adhered to despite the absence of indep....
Confession of accused recorded by a Police Officer is not admissible in evidence as the same is hit by Section 25 of Evidence Act.
Prosecution must adhere to strict evidential procedures in NDPS Act cases; failure undermines the conviction. In this case, inconsistencies in evidence and chain of custody led to acquittal.
Procedural lapses in evidence collection under the NDPS Act, particularly failure to comply with Section 52A, render prosecution's case insufficient for conviction.
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
