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ARUN DEV CHOUDHURY
Majem Ali @ Majom Ali, S/o. Late Kangal Ali – Appellant
Versus
State Of Assam Rep. By P. P. , Assam – Respondent
JUDGMENT :
(Arun Dev Choudhury, J.) :
1. Heard Mr. N.J. Dutta, the learned counsel for the appellant. Also heard Mr. M. P. Goswami learned Additional Public Prosecutor, Assam, appearing for the State.
2. This appeal is filed assailing the judgment and order dated 22.02.2023, whereby the learned Special Judge (Addl), Dhubri in Special Case No. 213/2022 convicted the appellant under Section 22(c) of the NDPS Act, 1985 and sentenced him to undergo rigorous imprisonment for 10 years and also directed to pay fine of Rs. 1,00,000/-(one lakh) in default to undergo simple imprisonment for six months.
3. The prosecution case as unfolded from the materials available on record is to the effect that on 28.01.2022, while the informant was conducting patrolling duty, at about 1.20 pm, a motorcycle rider was detained on suspicion and found six numbers of Phensedyl Cough Syrup (100 ml each), 5 numbers of ESKUF Cough Syrup (100 ml each) and 48 numbers of Nitrosun-10 tablets and cash amount of Rs. 910/-. Accordingly, Golokganj PS case No. 42/2022 under Section 22(c) of the NDPS Act, 1985(herein after referred as Act ,1985) was registered.
4. Upon completion of the investigation, the Investigating Off
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.
The prosecution's failure to produce primary evidence of seized contraband under the NDPS Act vitiated the trial, leading to the reversal of the conviction.
Strict compliance with procedural safeguards in narcotics cases is essential; failure to adhere to statutory requirements can lead to exclusion of evidence and acquittal.
Non-compliance with mandatory procedural requirements under the NDPS Act, particularly Section 52A, undermines the prosecution's case and warrants acquittal.
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.
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....
(1) Section 52A of NDPS Act is a mandatory rule of evidence – When there is non-compliance of Section 52A of NDPS Act, where a certification of a Magistrate is lacking any inventory, photograph or li....
Strict compliance with statutory provisions under the NDPS Act is essential for upholding convictions; failure to produce seized contraband and lack of proper inventory preparation undermines the pro....
The conviction was set aside due to non-compliance with mandatory provisions of the NDPS Act, specifically Section 52A, undermining the prosecution's case.
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