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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
YARENJUNGLA LONGKUMER
Weshete Lohe S/O Veselie Lohe – Appellant
Versus
State Of Nagaland Nagaland – Respondent
| Table of Content |
|---|
| 1. details of the investigation and evidence presentation. (Para 3 , 4 , 5) |
| 2. procedural irregularities and evidentiary issues raised by the appellant. (Para 8 , 9 , 10 , 12) |
| 3. prosecution's burden of proof and issues with custody and evidence. (Para 20 , 21 , 22 , 23) |
| 4. final judgment and allowance of appeal. (Para 24 , 25 , 26) |
JUDGMENT :
YARENJUNGLA LONGKUMER, J.
1. Heard learned counsel for the appellant Ms. Khriekethonuo. Also heard the learned Public Prosecutor for the State of Nagaland, Mr. K. Angami.
2. The instant appeal is directed against the Judgment and Order dated 18.03.2020 passed by the learned Special Judge NDPS Phek, Nagaland in Sessions Special Case No. 08/19 in GR Case No. 29/19 arising out of Pfutsero P.S Case No. 08/19 whereby the appellant has been convicted under Section 20 (b)(ii)(C) NDPS Act for a period of 10 years with fine of Rs. 1 Lakh and in default to undergo RI for one year.
3. The prosecution case in brief is that on 25.06.2019, at around 0145 Hrs, a written FIR was received at the Pfutsero Police Station from Naik Subedar D.D. Joshi of 14th Assam Rifles stating that on 24.06.2019 at around 2100 Hrs while conducting surprise MVCP one
The prosecution must establish foundational facts regarding possession and seizure under the NDPS Act before the burden shifts to the accused, or the case fails.
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....
As per section 55 of Act of 1985, police is required to take charge of articles seized or delivered and keep in safe custody pending order of Magistrate.
Failure to comply with mandatory procedures under the NDPS Act vitiates conviction, necessitating primary evidence for a valid trial.
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.
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....
Search and seizure conducted by an unauthorized officer under the NDPS Act renders the conviction illegal; prosecution must prove compliance with mandatory provisions.
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