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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJEEV KUMAR SHARMA
Rajesh Sarkar, S/O-Late Subal Sarkar – Appellant
Versus
State Of Assam Represented By P.P. – Respondent
JUDGMENT :
Sanjeev Kumar Sharma, J.
1. Heard Mr. B. Halder, learned counsel for the appellant and also heard Mr. P. Lahkar, learned Addl. P.P. for the State.
2. This appeal has been preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 by the appellant, namely, Rajesh Sarkar impugning the judgment and order dated 25.07.2023 passed by the learned Special Judge Jorhat in Special (NDPS) Case No. 60/2021 whereby the present appellant has been convicted under Section 20 (b)(ii)(C) of the NDPS Act, 1985 and has been sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000/- and in default of payment of fine further rigorous imprisonment for 3 months.
3. The facts giving rise to the instant case are as follows:-
On 24-06-2021, Md. Firdus Ahmed, the then S.I. (P), Pulibar Police Station, lodged an F.I.R., stating that on the same day, at about 03:20 p.m., he received a secret information that one Sri Rajesh Sarkar, S/o, Late Sufal Sarkar, Resident of Sokolani Pathar Gaon, P.S. Pulibar, District-Jorhat, was selling 'ganja' [Cannabis] since long, and now he had stocked the said illegal 'ganja' in his residence and selling the same from his house
Non-compliance with Section 42 of the NDPS Act undermines the validity of search and seizure, impacting the prosecution's case significantly.
Compliance with Section 42 of the NDPS Act is crucial for upholding convictions, particularly regarding arrest and recovery of narcotics.
Total non-compliance with NDPS procedural safeguards undermines convictions, particularly in absence of corroborative evidence from independent witnesses.
Non-compliance with the mandatory provisions of the NDPS Act leads to the acquittal of the accused when substantial compliance is not established.
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 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.
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.
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