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SUSMITA PHUKAN KHAUND
Dadul Mech – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
Susmita Phukan Khaund, J.
Heard Mr. S. Borthakur, learned counsel for the appellant and Mr. P.S. Lahkar, learned Addl. P.P., Assam.
2. This appeal is preferred challenging the judgment and order dated 23.12.2010 passed by the learned Sessions Judge, Sivasagar in connection with Special Case No. 5 of 2008 convicting Sri. Dadul Mech (hereinafter the appellant) under section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act for short) and sentencing him to undergo Rigorous Imprisonment for 3 years and to pay a fine of Rs. 2,000/- with default stipulation.
3. The brief facts leading to this case are that on 22.08.2008 at about 3:15 PM a naka checking was held jointly by 318 Field Regiment (Army) and the police at Panigash Area under Namtola OP. At about 3:50 PM the appellant was caught red handed along with a bag containing suspected ganja when the appellant tried to avoid the patrolling team. SI Ashim Borah (hereinafter referred to as the informant) seized the ganja (cannabis) from the possession of the appellant after following the proper procedure of law in presence of SDPO of Charaideo, Sonari and other witnesses. Sample was also drawn from t
The prosecution failed to prove conscious possession under the NDPS Act beyond reasonable doubt due to procedural discrepancies and lack of independent witness corroboration.
The prosecution's failure to adhere to the procedural requirements of the NDPS Act and the lack of credible evidence led to the conclusion that the appellant could not be convicted beyond a reasonabl....
As per section 55 of Act of 1985, police is required to take charge of articles seized or delivered and keep in safe custody pending order of Magistrate.
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....
Procedural lapses in evidence collection under the NDPS Act, particularly failure to comply with Section 52A, render prosecution's case insufficient for conviction.
The court emphasized the necessity for strict adherence to procedural safeguards in drug-related cases, ruling that non-compliance rendered the prosecution's case unsustainable.
The court affirmed the conviction under the NDPS Act, emphasizing that procedural lapses do not invalidate the trial when no prejudice is demonstrated, and the prosecution established possession and ....
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