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MALASRI NANDI
Kendarnath Chetry @ Khem, S/o. Lt. Rudra Bahadur Chetry – Appellant
Versus
State of Assam, Rep. by PP, Assam – Respondent
JUDGMENT :
Malasri Nandi, J.
Heard Ms. A. Begum, learned legal aid counsel, representing the appellant. Also heard Mr. B. Sharma, learned Additional P.P. for the state respondent.
2. This appeal is directed against the Judgment and Order dated 02/07/2022, passed by the learned Special Judge, Udalguri, in Special (NDPS) case No. 11/2021, whereby the accused/ appellant was convicted u/s 20(b)(ii)(c) of NDPS Act and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.1,00,000/- in default SI for six months.
3. The case of the prosecution is that an FIR has been lodged on 09/03/2020, alleging inter alia that on 08/03/2020, on receipt of a specific information regarding transportation of Narcotic Drugs in a white colour Maruti Car from Mazbat towards Orang, a naka checking was conducted at Mazbat new market area. Accordingly, during naka checking one white colour Maruti Car bearing No. ML-05D-0175 was intercepted at Habigaon area. Thereafter, the car was thoroughly checked and during search the accused appellant was found in the car along with three bags containing 22 kgs of Cannabis, which were seized in presence of the witnesses. A case was registered vide Mazb
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....
(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 procedural safeguards in narcotics cases is essential; failure to adhere to statutory requirements can lead to exclusion of evidence and 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 adherence to procedural safeguards in narcotics cases is essential; failure to comply can lead to acquittal.
Failure to comply with mandatory procedures under the NDPS Act vitiates conviction, necessitating primary evidence for a valid trial.
Mandatory compliance with Section 52A of the NDPS Act is essential for the validity of evidence in narcotics cases.
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.
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