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MRIDUL KUMAR KALITA
Zosangzuali – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT :
Mridul Kumar Kalita, J.
1. Heard Mr. Benjamin Lalthlamuana, learned counsel for the appellant. Also heard Ms. Mary Lalruatkimi Khiangte, learned Additional Public Prosecutor for the State of Mizoram.
2. This appeal under Section 374 of the Code of Criminal Procedure, 1973, has been filed by the appellant Smt. Zosangzuali, impugning the judgment dated 18.04.2023 and order dated 24.04.2023, passed by learned Additional Sessions Judge-cum-Judge, Fast Track Court, Kolasib, Mizoram whereby the present appellant was convicted under Section 21(b) of the NDPS Act, 1985 and was sentenced to undergo rigorous imprisonment for a term of 5 years and to pay a fine of Rs. 20,000/- and in default of payment of fine, to undergo further rigorous imprisonment for a period of two months. The period of detention already undergone was directed to be set aside against the term of sentence imposed.
3. The facts relevant for consideration of the instant appeal, in brief, are as follows:
The prosecution must prove foundational facts beyond reasonable doubt; discrepancies in evidence can lead to acquittal.
Section 52A deals with disposal of seized drugs and psychotropic substances.
Point of Law : Harsher the punishment, more is the strictness of proof required for the prosecution. The burden is always upon prosecution to prove the case against the person accused with proof beyo....
Point of law : NDPS Act – Appeal against conviction -It would be risky and impermissible to leave the samples with the special messenger for a long gap of time. Chances of tampering when there is lac....
Conviction under the Act requires the prosecution to prove foundational facts, including valid search, conscious possession, and an unbroken chain of custody, beyond reasonable doubt. Failure to comp....
Non-compliance with mandatory procedural requirements under the NDPS Act, particularly Section 52A, undermines the prosecution's case and warrants acquittal.
The standard of proof for possession under the NDPS Act requires both physical control and knowledge of the substance, which was upheld despite procedural lapses.
Appellate court upholds acquittal under NDPS Act if trial view possible; strict compliance with sampling procedures essential; witness contradictions, no independent corroboration fatal to prosecutio....
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