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MITALI THAKURIA
Rajkumar Mandal S/o Late Surjya Kanta Mandal – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
MITALI THAKURIA, J.
1. Heard Mr. M. Biswas, learned counsel for the appellant. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State respondent No. 1.
2. This appeal is filed under Section 415 of the Bharatiya Nagarik Suraksha Sanhita, 2023, against the Judgment dated 22.07.2024, passed by the learned Special Judge, Bijni, Chirang, in Special (N) Case No. 19(B)/2022. The appellant was convicted under Sections 20(b)(ii)(B) of the NDPS Act and sentenced to undergo rigorous imprisonment for 3(three) years and 6 (six) months, as well as to pay a fine of Rs. 20,000/- (Rupees twenty thousand) only. In default of payment, the appellant is to undergo rigorous imprisonment for a further period of 60 (sixty) days.
3. The prosecution story in brief is as follows:
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.
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.
Compliance with mandatory provisions of the NDPS Act is essential for establishing the prosecution's case, particularly the requirement for drawing samples in the presence of a Magistrate, which was ....
Failure to comply with mandatory procedures under the NDPS Act vitiates conviction, necessitating primary evidence for a valid trial.
Possession of narcotic substances can result in conviction under NDPS despite procedural non-compliance if evidentiary strength supports prosecution's claims.
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 court affirmed that possession of 201 kilograms of ganja established under the NDPS Act sufficed for conviction, confirming that procedural safeguards were adhered to despite the absence of indep....
Compliance with procedural requirements under the NDPS Act is necessary, but substantial evidence can uphold convictions despite procedural lapses.
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