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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, CJ, BIBHU DATTA GURU
Mohammad Kalut Mansuli, S/o Of Mohamamd Sultan Mansuli – Appellant
Versus
State Of Chhattisgarh – Respondent
| Table of Content |
|---|
| 1. overview of the case and initial facts. (Para 1 , 2 , 3 , 4) |
| 2. arguments on prosecution's burden and compliance with legal standards. (Para 6 , 7) |
| 3. analysis of evidence and legal justifications regarding ndps act compliance. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 4. conclusions on evidence credibility and compliance impact on verdict. (Para 35 , 36 , 37 , 38) |
| 5. final ruling on the appeals and sentencing. (Para 39 , 40 , 41 , 42) |
JUDGMENT :
Bibhu Datta Guru, J.
Heard.
1. Since, both the appeals arise out of same Special Criminal (NDPS Act) case No. 24/2020, therefore, they are being heard together and decided by this common judgment.
2. These appeals have been filed by the appellants under Section 374(2) of the Code of Criminal Procedure 1973, (for short the, Cr.P.C.) against the impugned judgment of conviction and sentence dated 11/01/2024 passed in Special Criminal (NDPS Act) case No. 24/2020 by learned Special Judge (NDPS Act) District- Mahasamund (C.G.), whereby the learned Special Judge has convicted the appellant for the offence under Section 20(b)(ii)(C) of the Nar
Possession of narcotic substances can result in conviction under NDPS despite procedural non-compliance if evidentiary strength supports prosecution's claims.
The prosecution must prove possession of narcotics beyond reasonable doubt, and procedural lapses do not automatically invalidate a conviction if credible evidence supports the case.
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.
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