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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
NELSON SAILO
Khawpuimawia Venglai East, Kolasib – Appellant
Versus
State of Mizoram r/b the Secretary to Govt. of Mizoram, Excise and Narcotics Dept. – Respondent
JUDGMENT :
NELSON SAILO, J.
Heard Mr. Aldrin Zothanmawia, learned counsel for the appellant and Ms. Vanneihsiami, learned Addl. Public Prosecutor, Mizoram for the State respondents.
[2.] This is an appeal under Section 415(2) of the Bharatiya Nagarik S uraksha Sanhita, 2023 read with Section 36B of the ND&PS Act, 1985 filed by the appellant against the Judgment and Order dated 17.05.2024 and the Sentence Order dated 22.05.2024 passed by the learned Judge, Fast Track Court, Kolasib in Sessions Case (K) No. 6 of 2023 corresponding to Crl. Tr. (Ex) No. 3 of 2023, convicting the appellant under Section 21 (b) of the ND&PS Act, 1985 and sentencing him to undergo Rigorous Imprisonment for a period of 5 (five) years and to pay fine of Rs 5,000/- (Rupees Five Thousand) and with a default clause.
[3.] The case of the prosecution in brief is that on 11.12.2022 at around 12:45 (Noon), Mr. Zohmingliana, ASI of Excise & Narcotics, Kolasib and his party arrested the appellant in connection with the recovery/seizure of 149.97 grams of suspected heroin from his residence at Venglai East, Kolasib. The arrest and seizure was made pursuant to receipt of a secret information from a reliable informant. As
Non-compliance with procedural safeguards under the ND&PS Act and CrPC during narcotics search can invalidate convictions.
The mandatory requirements under Section 50 of the NDPS Act must be strictly followed to ensure an individual's rights during searches; failure to comply renders any recovery and subsequent convictio....
Strict compliance with Section 50 of the NDPS Act is mandatory, and failure to comply vitiates the seizure and consequential conviction.
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 provisions of the NDPS Act, such as section 42(2) and section 50(4), can render the prosecution case doubtful and lead to acquittal.
The prosecution must prove possession of narcotics beyond reasonable doubt, and procedural lapses do not automatically invalidate a conviction if credible evidence supports the case.
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