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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MR JUSTICE KARDAK ETE, J
Bhapo Marphew Son of Late Landong Marphew – Appellant
Versus
State of AP represented by the PP of AP – Respondent
Judgment and Order :
KARDAK ETE, J.
Heard Mr. T. N. Minto, learned counsel for the appellant. And also heard Mr.T. Ete, learned Additional Public Prosecutor for the State.
2. This criminal appeal under section 374(2) of Cr.PC, 1973 is directed against the judgment dated 23.04.2024 and Order of Sentence dated 30.04.2024 passed by the learned Special Judge (NDPS), Bomdila, for the District of East Kameng, West Kameng and Tawang in Special NDPS case no. 23/2023 under Section 21(b) of the NDPS Act, 1985, whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for 3 years and 6 months with fine of Rs. 50,000/- for the offence of possessing intermediate quantity of contraband substance (Di-acetyl morphine) and in default of payment of fine to undergo further imprisonment of 2 months.
3. The case set up by the prosecution is that an FIR dated 12.07.2023 was lodged by Inspector Mr. Onyak Lego of Bomdila Police Station alleging that on 12.07.2023 at about 1610 hrs., a credible information was received from a source that a person namely Bhapo Marphew is selling contraband drugs i.e. heroin, from his residence located at Bidum village (Wangho). The information furt
The prosecution must establish possession of contraband beyond reasonable doubt, and procedural lapses do not invalidate the trial if essential elements are proven.
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.
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.
Non-compliance with mandatory procedural requirements under the NDPS Act, particularly Section 52A, undermines the prosecution's case and warrants acquittal.
The court affirmed that possession of contraband substances establishes statutory presumptions requiring defendants to prove lack of conscious possession under the Narcotic Drugs and Psychotropic Sub....
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....
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.
Recovery of contraband – Penal provisions of NDPS Act, 1985 prescribes very harsh punishment for offender and it is incumbent for prosecution side that mandatory procedural requirement to be followed....
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