Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
AMIT MAHAJAN
Union Of India – Appellant
Versus
Karan Sharma – Respondent
JUDGMENT :
1. The present petition is filed seeking leave to appeal against the judgment dated 04.10.2018 (hereafter ‘impugned judgment’), passed by the learned Trial Court in Sessions Case No. 146/17.
2. By the impugned judgment, the learned Trial Court acquitted the respondent of the offences under Sections 21(c)/ 23(c)/ 28 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’).
3. The case against the respondent originated from information provided by the Duty Manager, Air India through a letter dated 15.09.2016, alleging suspicious activities.
4. Acting on this information, the respondent was subjected to a search in the Customs Preventive Room in the presence of independent witnesses. During the search, the respondent allegedly admitted to carrying Phensedyl Cough Syrup.
5. Subsequently, 300 bottles of Phensedyl Cough Syrup were recovered from the respondent’s possession, with no accompanying invoice or purchase bill. Each bottle contained codeine phosphate, a manufactured narcotic drug, as listed in the NDPS Act.
6. Following the investigation, a complaint was filed, and charges under Sections 21/23 read with Section 28 of the NDPS Act were framed. The learned Tr
The prosecution must establish guilt beyond reasonable doubt, adhering to procedural safeguards, particularly in NDPS cases, where lapses can lead to acquittal.
Prosecution must comply with mandatory provisions of the NDPS Act; failure to establish safe custody and proper procedures leads to acquittal.
Non-compliance with Section 42(2) of the NDPS Act is fatal to the prosecution case, and the powers of the appellate court in appeals against acquittal should be exercised with caution.
Acquittal of the accused under the NDPS Act is upheld as the trial court's judgment was not flawed and adhered to evidentiary standards.
The main legal point established in the judgment is the importance of strict compliance with mandatory provisions under the NDPS Act, and the entitlement to acquittal when procedural requirements are....
Non-compliance with Section 50 of the NDPS Act vitiates the search and recovery process, reinforcing the presumption of innocence in acquittal cases.
Proper investigation and compliance with mandatory provisions of the NDPS Act are crucial in cases involving severe punishment and societal impact.
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
