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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
MRIDUL KUMAR KALITA
Sh. Jalal Hussain Barrbhuiya, S/o Jainul Hoque Barbhuiya – Appellant
Versus
State Of Mizoram – Respondent
| Table of Content |
|---|
| 1. details of the appeal and conviction (Para 1 , 2 , 3 , 4) |
| 2. trial court proceedings and evidence overview (Para 5 , 6) |
| 3. defendant's arguments and criticisms of trial (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 28) |
| 4. prosecution's response and justification (Para 29 , 30 , 31) |
| 5. court's analysis of credibility of evidence (Para 33 , 34 , 35) |
| 6. judgment decision and reasoning (Para 36 , 37 , 38) |
| 7. final judgment and order (Para 39 , 40 , 41) |
JUDGMENT :
Mridul Kumar Kalita, J.
1) Heard Mr. Taher Ahmed Choudhury, learned counsel for the petitioner. Also heard Ms. Mary L Khiangte, learned Addl. Public Prosecutor.
2) This appeal under Section 415(2) of the BNSS, 2023 has been filed by the appellant, namely, Jalal Hussain Barbhuiya, impugning the Judgment dated 10.06.2025 and the order dated 25.06.2025 by which, the Court of learned Judge, Fast Track Court, Kolasib, convicted the appellant under Section 21(c) of the NDPS Act, 1985 and the appellant was sentenced to undergo rigorous imprisonment for 10 (ten) years and to pay a fine of Rs. 1,00,000/- (One Lakh), in default of payment of fine to undergo further rigorous imprisonment for a period of 6 (six) months.
3) The fac
The conviction of the appellant was overturned due to insufficient evidence of possession and procedural violations under the Narcotic Drugs and Psychotropic Substances Act.
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.
Mandatory provisions of the NDPS Act regarding search and seizure must be strictly followed; failure to do so can lead to acquittal due to reasonable doubt.
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....
NDPS Act – Search and seizer of contraband – Conviction set aside - prosecution has not complied with the provisions of Section 42 of NDPS Act as the information alleged to have been received regardi....
The prosecution must prove the case beyond reasonable doubt, and the failure to produce seized material as exhibits, lack of independent witnesses, and inconsistencies in evidence can lead to the set....
Compliance with legal procedures, admissibility of evidence, and scrutiny of police witnesses' testimonies are crucial in determining the outcome of a case.
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