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SUSMITA PHUKAN KHAUND
Durga Devi, D/o. Tankanath – Appellant
Versus
Union of India, Represented by NCB – Respondent
JUDGMENT :
Susmita Phukan Khaund, J.
1. Heard Ms. S.K. Nargis, learned counsel for the petitioner as well as Mr. S.C. Keyal, learned Standing Counsel for the NCB.
2. This appeal is directed against the judgment and order dated 24.01.2017, passed by the learned Additional Sessions Judge No. 2, in connection with NDPS Case No. 10/2016, convicting Smti Durga Devi (herein after also referred to as the accused or appellant) under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentencing her to undergo Rigorous Imprisonment for ten years and to pay fine of Rs.1,00,000/- with default stipulation.
3. The Union of India and the Intelligence Officer of NCB are arrayed as O.P. No. 1 and 2 respectively. The brief facts leading to this case are that on 16.10.2015, at about 17:05 hours, on a tip off received by Sri Aram Anth Investigating Officer (I/O in short) of Narcotics Control Bureau (NCB for short), a team was formed to conduct a search operation. At about 02:30 hours midnight on 17.10.2015, the team proceeded towards the ISBT. The secret information that three ladies, namely, Durga Devi, Sangita Devi Dahal and Smti Nemneihat Chongloi would be transporting il
Compliance with procedural requirements under the NDPS Act is necessary, but substantial evidence can uphold convictions despite procedural lapses.
Section 52A deals with disposal of seized drugs and psychotropic substances.
The judgment establishes that non-compliance with Section 52A of the NDPS Act is a critical flaw that can invalidate a narcotics conviction.
Failure to comply with mandatory procedures under the NDPS Act vitiates conviction, necessitating primary evidence for a valid trial.
The court ruled that non-compliance with Section 52A of the NDPS Act invalidates the conviction, emphasizing the necessity of a Magistrate's presence during evidence collection.
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.
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