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MANISH CHOUDHURY, DEVASISH BARUAH
Vechukho, S/o Late Vestu Rhakho – Appellant
Versus
State of Nagaland – Respondent
JUDGMENT :
[M. Choudhury, J]
A. The Assail :-
1. Both these criminal appeals, preferred under Section 383 and Section 374[2] respectively of the Code of Criminal Procedure, 1973 [‘the Code’ or ‘CrPC’, for short] read with Section 36B of the Narcotic Drugs and Psychotropic Substances Act, 1985 [‘the NDPS Act’, for short] are directed against a Judgment and Order dated 17.06.2020 passed by the Court of learned Special Judge, Phek, Nagaland [hereafter referred to as ‘the Special Court’, for short] in Sessions [Special] Case no. 07 of 2019, which arose out of G.R. Case no. 25 of 2018 and Khezhakeno Police Station Case no. 03 of 2018. The criminal appeal, Criminal Appeal no. 04 [J] of 2020 is preferred by the accused-appellant, Sri Vechukho [hereinafter also referred as ‘A-1’, at places, for easy reference] whereas the other criminal appeal numbered as Criminal Appeal no. 06 of 2020 is preferred by the accused-appellant, Sri Khapelo Sarah [hereinafter also referred as ‘A-2’, at places, for easy reference].
B. The verdict of the Special Court :-
2. By the Judgment and Order dated 17.06.2020, both the accused-appellants have been convicted for the offence under Section 20[b][ii][C] of the NDPS
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.
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.
Possession of narcotic substances can result in conviction under NDPS despite procedural non-compliance if evidentiary strength supports prosecution's claims.
Compliance with procedural safeguards under the NDPS Act, notably Section 52A, is essential to validate convictions; failure to produce seized contraband is fatal to the prosecution's case.
Strict compliance with the statutory provisions of the NDPS Act, particularly in cases involving the seizure and disposal of contraband, is crucial to establish the integrity of the evidence and the ....
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.
The prosecution must comply with mandatory procedural requirements in drug cases, failing which foundational facts required to establish guilt cannot be met, leading to acquittal.
The prosecution established the appellant's conscious possession of narcotics, validating the conviction despite procedural non-compliance, as substantial evidence supported the case.
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....
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