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ROBIN PHUKAN
Mandel Lalthlangama Durpui S/o T. T. Vela Durpui – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
ROBIN PHUKAN, J.
1. Heard Mr. J. Laskar, learned counsel for both the appellant and Mr. R.J. Baruah, learned Addl. P.P. for the State respondent.
2. As the Criminal Appeal No. 30/2022 and Criminal Appeal No. 35/2022 both are directed against the common judgment and order dated 05.01.2022 and as common questions of law are involved in both the appeals and common arguments advanced, and as agreed by the learned Advocates of both sides, it is decided to dispose of both these appeals by this common judgment and order.
3. In Criminal Appeal No. 30/2022, appellant, Sri Mandel Lalthlangama Durpari and in Criminal Appeal No. 35/2022, appellant Sri Lienkhokhai Changsan, have challenged the correctness or otherwise of the judgment and order, dated 05.01.2022, passed by the learned Sessions Judge, Dima Hasao, Haflong in Sessions Special Case No. 66/2018, under sections 22(a)/22(c) of the NDPS Act. It is to be noted here that vide impugned judgment and order, dated 05.01.2022, the learned Sessions Judge, Dima Hasao, Haflong has convicted the appellant under sections 22(a)/22(c) of the NDPS Act, and thereafter, sentenced both of them to suffer rigorous imprisonment for a period of 01 yea
The conviction under the NDPS Act was quashed due to failure to comply with mandatory procedures for sample collection, emphasizing the importance of due process in narcotics cases.
The conviction was set aside due to non-compliance with mandatory provisions of the NDPS Act, specifically Section 52A, undermining the prosecution's case.
The conviction was quashed due to failure to comply with mandatory procedures for evidence collection under the NDPS Act, emphasizing the importance of a fair trial.
Mandatory compliance with Section 52A of the NDPS Act is essential for the validity of evidence in drug cases, and its violation can lead to the dismissal of charges.
The prosecution's failure to follow mandatory procedures for search and seizure under the NDPS Act vitiated the trial, leading to the acquittal of the accused.
Non-compliance with mandatory provisions of the NDPS Act and contradictions in witness testimonies can raise doubt about the veracity of the prosecution's case, leading to acquittal on benefit of dou....
When directions are issued by an authority having the legal sanction granted therefor, it becomes obligatory on the part of the subordinate authorities to comply therewith.
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