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GAUHATI HIGH COURT
Sh. Joseph Laldingngheta – Appellant
Versus
The State of Mizoram and Anr. – Respondent
| Table of Content |
|---|
| 1. overview of case facts and previous trial conviction. (Para 2 , 3 , 4 , 5 , 6) |
| 2. procedural irregularities in ndps seizure and sampling. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 3. prosecution's defense regarding substantial compliance and conscious possession. (Para 15 , 16 , 17 , 18 , 19) |
| 4. mandatory foundational facts required for valid ndps conviction. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 5. acquittal due to prosecution's failure to establish foundational facts. (Para 29 , 30 , 31) |
JUDGMENT :
YARENJUNGLA LONGKUMER, J.
Heard the learned counsel for the appellant Mr. Lalpianfela as well as Ms.Vanneihsiami learned Addl. P.P. for the State respondent.
2. This is an appeal under section 374 Cr.PC/415 BNSS against the impugned judgment and sentence dated 18.10.2024 by the learned Special Court ND&PS Act Champhai in Crl. Trial No.197/2023 corresponding to Khawzawl PS Case No.19/2023 under section 21(C)/25 of the NDPS Act by which the appellant was convicted and sentenced to undergo RI for 10 years and to pay a fine of Rupees 1,00,000/-(Rupees one lakh), in default to undergo SI for 6 months.
3. The facts leading to the filing of this appeal is that on 26.04.2
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....
Section 52A deals with disposal of seized drugs and psychotropic substances.
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.
Non-compliance with mandatory provisions of the NDPS Act and contradictions in evidence undermine the prosecution's case, leading to the reversal of conviction.
Point of law : NDPS Act – Appeal against conviction -It would be risky and impermissible to leave the samples with the special messenger for a long gap of time. Chances of tampering when there is lac....
Failure to comply with mandatory procedures under the NDPS Act vitiates conviction, necessitating primary evidence for a valid trial.
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.
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