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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
MICHAEL ZOTHANKHUMA, PRANJAL DAS
Haukhenkhama, S/o. Thangkhandawng – Appellant
Versus
State of Mizoram – Respondent
| Table of Content |
|---|
| 1. conviction and sentencing under ndps act. (Para 2 , 3 , 4 , 5 , 6) |
| 2. challenge to conviction based on procedural irregularities. (Para 8 , 10) |
| 3. procedural requirements in ndps trials. (Para 12 , 27 , 28) |
| 4. sampling protocols under ndps. (Para 34 , 36) |
| 5. upholding of conviction and sentence. (Para 54 , 55 , 58 , 59) |
Judgment :
Mr. Pranjal Das, J.
1. Heard Mr. Johny L. Tochhawng, learned counsel for the appellant. Also heard Mrs. Vanneihsiami, learned Addl. Public Prosecutor for the State respondent.
2. The appellant has filed this appeal aggrieved by his conviction and sentence under section 22(C) of NDPS Act, 1985 - vide judgment and order dated 16.04.2025 passed by learned Special Judge (NDPS), Champhai Judicial District, in Champhai PS Case No. 44 / 2019 - whereby he has been sentenced to undergo rigorous imprisonment for 11 (eleven) years and to pay a fine of Rs 1 Lakh (in default, undergo simple imprisonment for six months).
The prosecution in brief is that - Liansiampuii, SDPO Champhai lodged an FIR in Champhai PS to the effect that on 1.6.2019 at 3:00pm, information was received from a reliable source that some narcotic substances suspected to be Methamphetamin
The standard of proof for possession under the NDPS Act requires both physical control and knowledge of the substance, which was upheld despite procedural lapses.
Section 52A deals with disposal of seized drugs and psychotropic substances.
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....
Point of Law : Harsher the punishment, more is the strictness of proof required for the prosecution. The burden is always upon prosecution to prove the case against the person accused with proof beyo....
The judgment reinforces the principle that in drug possession cases, once possession is established, the burden shifts to the accused to prove lack of conscious possession, as supported by Sections 3....
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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