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ROBIN PHUKAN
Sumen doimary, S/o Manowal @ Manual Doimar – Appellant
Versus
State of Assam – Respondent
Heard Mr. A. Bhattacharya, learned counsel for the appellants and also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam, appearing for the State respondent No.1.
2. This appeal, under Section 374(2) of the Code of Criminal Procedure, 1973, is directed against the judgment and order dated 23.03.2023 passed by the learned Special Judge, Sonitpur, Tezpur, in Special (NDPS) Case No.05/2018, arising out of Tezpur P.S. Case No.2147/2018 under Section 20(b) of the NDPS Act. It is to be noted here that vide impugned judgment and order dated 23.03.2023, the learned Court below has convicted the appellants under Section 20(b)(ii)(C) of the NDPS Act and sentenced them to suffer rigorous imprisonment for 10(ten) years and also to pay a fine of Rs. 1,00,000/-each, with default stipulation.
3. The background facts, leading to filing of the present criminal appeal, are briefly stated as under:-
Non-compliance with mandatory provisions of the NDPS Act and lack of corroboration from witnesses can vitiate the conviction.
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.
Mandatory provisions of the NDPS Act regarding search and seizure must be strictly followed; failure to do so can lead to acquittal due to reasonable doubt.
Failure to comply with mandatory procedures under the NDPS Act vitiates conviction, necessitating primary evidence for a valid trial.
Mandatory compliance with NDPS Act's provisions for seizure and evidence is essential; failure leads to invalidation of convictions.
The central legal point established in the judgment is the requirement of strict compliance with the procedural provisions of the NDPS Act, particularly Section 52A(2), (3) and (4), for seizure and s....
The prosecution failed to establish a prima facie case against the accused under the NDPS Act due to non-compliance with statutory requirements and lack of credible evidence.
Strict compliance with the mandatory provisions of the NDPS Act, particularly regarding the procedure for seizure, sampling, and safe custody of seized articles, is crucial. Non-compliance with these....
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