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MRIDUL KUMAR KALITA
Raj Narayan Das S/o Late Uma Ram Das – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
MRIDUL KUMAR KALITA, J.
1. Heard Mr. N. Mahajan, learned counsel for the appellant. Also heard Mr. P.S. Lahkar, learned Additional Public Prosecutor for the State of Assam.
2. This Appeal has been preferred under Section 374 (2) of the Code of Criminal Procedure, 1973, by the appellant Sri Raj Narayan Das, impugning the judgment and order dated 14.10.2011, passed by the Court of the learned Additional learned Sessions Judge, Kamrup, Guwahati in Sessions Case No. 159(K)/2009, whereby the present appellant was convicted under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and was sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 25,000/- and in default of payment of fine to undergo further rigorous imprisonment for a period of another three months.
3. The facts relevant for adjudication of this instant Criminal Appeal, in brief, are as follows:
Conscious possession of narcotics is required for conviction under the NDPS Act; failure to comply with procedural safeguards can lead to acquittal.
Non-compliance with mandatory procedural requirements under the NDPS Act, particularly Section 52A, undermines the prosecution's case and warrants acquittal.
A reverse burden of proof lies upon the accused, contrary to the normal rule of criminal jurisprudence for presumption of innocence unless proved guilty
The conviction was set aside due to non-compliance with mandatory procedures under the NDPS Act, specifically Section 52A regarding the presence of a Magistrate during sampling.
The court established that procedural lapses in the handling of seized narcotics do not necessarily invalidate a conviction if the evidence of possession is compelling and no prejudice to the accused....
Compliance with Section 52A of the NDPS Act is crucial for the admissibility of evidence; failure to adhere to its provisions can lead 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.
Recovery of contraband – Penal provisions of NDPS Act, 1985 prescribes very harsh punishment for offender and it is incumbent for prosecution side that mandatory procedural requirement to be followed....
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