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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, Rajani Dubey
Rajkumar Sharma S/o Rajendra Prasad Sharma – Appellant
Versus
State of Chhattisgarh Through P.S. Komakhan – Respondent
JUDGMENT :
Ramesh Sinha, C.J.
1. Since the above-captioned appeals have arisen out of one and same judgment dated 14.02.2023 passed in Special Criminal Case (NDPS Act) No. H-16/2020 by the learned Special Judge (NDPS Act), Mahasamund (C.G.) and since common question of fact and law is involved in both the appeals, they have been heard together and are being disposed of by this common judgment.
2. These criminal appeals preferred under Section 374(2) of the CrPC are directed against the impugned judgment of conviction and order of sentence dated 14.02.2023 passed by the learned Special Judge (NDPS Act), Mahasamund (C.G.) in Special Criminal Case (NDPS Act) No. H-16/2020 by which the appellants have been convicted for offences punishable under Section 20 (b)(ii)(C) of the NDPS Act and sentenced to undergo rigorous imprisonment for 15 years and fine of Rs. 1,00,000/- each, in default, to further undergo rigorous imprisonment for 1 year.
3. Case of the prosecution, in brief, is that on 25.07.2020, Assistant Sub Inspector Sushil Sharma of Police Station Komakhan received information from the informer that 02 persons in a white colored pickup were traveling from Orissa to Chhattisgarh. On t
Strict adherence to procedural requirements in the NDPS Act is essential for securing convictions; failure to follow these mandates can lead to acquittal.
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.
Failure to comply with mandatory procedures under the NDPS Act vitiates conviction, necessitating primary evidence for a valid trial.
Prosecution's failure to comply with mandatory provisions of the NDPS Act led to the acquittal of the appellants due to insufficient evidence.
The prosecution must prove its case beyond reasonable doubt in NDPS Act cases, and non-compliance with statutory provisions vitiates the trial.
The prosecution must prove its case beyond reasonable doubt, especially in drug-related offenses, where compliance with mandatory procedures is crucial.
Possession of narcotic substances can result in conviction under NDPS despite procedural non-compliance if evidentiary strength supports prosecution's claims.
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