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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJEEV KUMAR SHARMA
Moksedul Hoque, S/o. Late Hamidur Rahman – Appellant
Versus
State Of Assam, Rep. By The PP, Assam – Respondent
JUDGMENT :
Sanjeev Kumar Sharma, J.
Heard Mr. Surajit Das, learned counsel for the appellant. Also heard Mr. R J Baruah, learned Addl. Public Prosecutor for the State of Assam.
2. This is an appeal under Section 415 of the BNSS , 2023 against the impugned judgment and order dated 30.07.2024 passed by the learned Special Judge, (Addl.) Dhubri in Special (NDPS) Case No. 179 of 2023 arising out of Golokganj P.S Case No. 193 of 2023 convicting the accused/appellant U/S 22(C) of NDPS Act, 1985 and sentenced to undergo rigorous imprisonment for 10 (ten) years along with a fine of Rs. 1,00,000/- (Rupees One Lakh) only, and in default of payment of fine, another rigorous imprisonment for another 1 (one) year.
3. The prosecution case, in brief, is that the informant S.I Jitumani Baishya lodged an FIR with the O/C of Golakganj P.S on 12.04.2023 stating that I/c of Chagolia O.P had received information from reliable source that a huge quantity of contraband was being kept stored at the house of Moksedul Hoque (A-1) of Chagolia Part-2, backside of Pundibari L.P School and was being sold in the locality. Accordingly, GDE No. 194 dated 11.04.2023 was entered and O/C of Golakganj P.S along with other
Total non-compliance with Section 42 of the NDPS Act renders the search and seizure invalid, compromising the prosecution's case and necessitating overturning of the conviction.
Procedural lapses in narcotics investigations under NDPS Act can lead to dismissal of convictions, requiring strict adherence to statutory requirements for search and custody.
Non-compliance with mandatory provisions of the NDPS Act and contradictions in evidence undermine the prosecution's case, leading to the reversal of conviction.
Total non-compliance with NDPS procedural safeguards undermines convictions, particularly in absence of corroborative evidence from independent witnesses.
Non-compliance with Section 42 of the NDPS Act undermines the validity of search and seizure, impacting the prosecution's case significantly.
The conviction under the N.D.P.S. Act was overturned due to significant procedural violations on search and seizure, establishing that prosecution must comply with established legal protocols.
In drug-related offenses, strict adherence to statutory procedural safeguards is mandatory for a fair trial, and non-compliance vitiates the prosecution case.
Strict compliance with the NDPS Act's procedural requirements is mandatory; failure to do so vitiates the trial and leads to acquittal.
Strict compliance with the statutory provisions of the NDPS Act, particularly in cases involving the seizure and disposal of contraband, is crucial to establish the integrity of the evidence and the ....
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