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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SANJEEV KUMAR SHARMA
Gita Bonia, W/o Tonko Bahadur Bonia – Appellant
Versus
State Of Assam Rep. By ld. Public Prosecutor – Respondent
JUDGMENT :
SANJEEV KUMAR SHARMA, J.
1. Heard Mr. R.P. Sharma, learned senior counsel for the appellant. Also heard Mr. K. Baishya, learned Addl. P.P. for the State.
2. This appeal is directed against the impugned judgment and order dated 17.01.2023 passed by the learned Special Judge, Charaideo in Special (N) Case No. 01/2016, whereby the appellant was sentenced to rigorous imprisonment for (ten) years and also a fine of Rs. 1,00,000/- (Rupees one lakh) only, in default of payment of fine to undergo further simple imprisonment for 3 (three) months u/s 21(c) of the NDPS Act, 1985.
3. The case of the prosecution in brief is that on 06.09.2016, Sti Amarjyoti Bailung, the then S.I. of police of the Sonari Police Station lodged an FIR before the Officer-in-Charge, Sonari Police Station with reference to Sonari P.S GDE No. 139/16 dated 06.09.2016, alleging, that on receipt of a secret information that some unknown persons who were illegally transporting drug had arrived in the Gohain Hotel of Sonarl Town, he along with some staff of the police and Lady constable raided the hotel. He further stated that during raid of the hotel a woman was searched and during the search suspected Brown Sugar/
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.
Procedural lapses in narcotics investigations under NDPS Act can lead to dismissal of convictions, requiring strict adherence to statutory requirements for search and custody.
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.
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.
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 ....
Strict compliance with the mandatory provisions of Section 42(1) and 42(2) of the NDPS Act is required, and the prosecution must establish the accused's conscious possession of the contraband.
In drug-related offenses, strict adherence to statutory procedural safeguards is mandatory for a fair trial, and non-compliance vitiates the prosecution case.
Non-compliance with mandatory provisions of the NDPS Act and contradictions in evidence undermine the prosecution's case, leading to the reversal of conviction.
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