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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, KAKHETO SEMA
Banamali Sarkar, S/o. Late Pulen Ch. Sarkar – Appellant
Versus
State Of Assam, Rep. By The P.P., Assam – Respondent
Judgment :
(S.K. Medhi, J.)
The instant appeal has been preferred under Section 374 of the Code of Criminal Procedure, 1973 [corresponding to Section 415 BNSS] against the judgment and sentence dated 30.09.2022 passed by the learned Special Judge, Bongaigaon in Special (Nar) Case No. 46(BGN)/2021 under Section 20(C) of the NDPS Act, thereby sentencing the appellant to undergo RI for 12 (Twelve) years and to pay a fine of Rs.1,00,000/- (Rupees One Lakh) in default further imprisonment for 6(six) months.
2. The criminal law was set into motion by registering a GD Entry No. 685 dated 21.05.2021 by the Sub-Inspector of Police, Bongaigaon Police Station (PW5). As per the said entry which was recorded at 6:50 PM, it was stated that secret information was received regarding storage of contraband ganja. A raid was accordingly made at about 08:00 PM in which 25.563 KGs of ganja were seized. On 22.05.2021, the formal FIR was lodged by the said PW5 in which there was full narration of the facts and the GD entry was also mentioned. After investigation, the Charge Sheet was laid before the learned Trial Court. The charges were thereafter, framed and on denial of the same, the trial had begun in wh
The prosecution must establish a prima facie case beyond reasonable doubt under the NDPS Act, and discrepancies in evidence do not automatically invalidate a conviction if foundational facts are prov....
Section 52A deals with disposal of seized drugs and psychotropic substances.
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.
Non-compliance with Section 52A of the NDPS Act, requiring samples to be drawn and certified by a Magistrate, vitiates the trial as it fails to produce primary evidence.
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.
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....
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