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SANJAY KUMAR MEDHI, MITALI THAKURIA
Debeswar Basumatary S/o Sri Ananta Basumatary – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
(M. Thakuria, J)
By this common judgment and order, it is proposed to dispose of two Criminal Appeals, being Crl. A. No. 97/2023, preferred by appellant- Debeswar Basumatary, & Crl. A.(J) No. 91/2022, preferred by appellant- Shajan Karki, as both have arisen out of a common judgment and order dated 08.07.2022, passed by the learned Special Judge, Udalguri in Special (NDPS) Case No. 06/2019, whereby both the accused/appellants have been convicted under Section 20(b)(ii)(c) of NDPS Act and sentenced to undergo Rigorous Imprisonment for a period of 12 (twelve) years and a fine of Rs. 1,00,000/-(Rupees one lakh) only, in default S.I. for another 6 (six) months for the offence.
2. Heard Mr. M. Biswas, learned counsel for the appellant in Crl. A. No. 97/2023 and Mr A. Chamuah, learned Legal Aid Counsel for the appellant in Crl. A.(J) No. 91/2022. Also heard Mr. S. C. Keyal, learned Special Public Prosecutor, NCB for the respondents.
3. The prosecution case, in brief, is that on 13.09.2018, at about 9.30 a.m., an information was received by one Phani Narzary, Intelligence Officer, NCB Guwahati from one Santosh Kumar, DC, SSB, 61 BN SSB Bhairabkunda, District Udalguri, Assam that 90
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.
The prosecution must establish a prima facie case and prove the chain of custody for contraband under the NDPS Act; failure to do so undermines 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.
Seizure of Ganja – FSL report cannot be considered as primary evidence and in absence of primary evidence, trial gets vitiated.
Non-compliance with Section 52A of the NDPS Act regarding inventory certification renders evidence inadmissible, vitiating the trial.
Conscious possession is essential for conviction under the NDPS Act, and failure to comply with procedural safeguards can lead to acquittal.
Mandatory compliance with NDPS Act's provisions for seizure and evidence is essential; failure leads to invalidation of convictions.
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