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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. SUDHA, J
Abdul Rasheed S/o. Muhammed – Appellant
Versus
State Of Kerala – Respondent
J U D G M E N T
In this appeal filed under Section 374(2) Cr.P.C ., the appellant, the sole accused, in S.C.No.390 of 2020 on the file of the Court of Session, Palakkad, challenges the conviction entered and sentence passed against him for the offence punishable under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the Act).
2. The prosecution case is as follows: on 15/02/2020 at about 03:50 p.m. PW1, Excise Inspector, Excise Range Office, Palakkad and his party were on routine patrolling duty. When they reached the place of occurrence, that is, the national highway junction from where a new road leads to the railway station at Olavakkode, Palakkad, they saw the accused coming from the railway station with a trolley bag and another bag. When the accused saw the Excise party he became perplexed and started looking around. Suspicions arose and hence the accused was intercepted and the bags in his possession were inspected. On examination it was found that the trolley bag contained 6 packets and the other bag contained packets wrapped with brown paper and sealed with cello tape. On examining the contents of the packets, it was found to be ganja. The con
Non-compliance with mandatory procedural requirements under Section 52A of the Narcotic Drugs and Psychotropic Substances Act can lead to acquittal due to reasonable doubt regarding the prosecution's....
Seizure of Ganja – FSL report cannot be considered as primary evidence and in absence of primary evidence, trial gets vitiated.
Non-compliance with Section 52A of the NDPS Act regarding inventory certification renders evidence inadmissible, vitiating the trial.
Compliance with mandatory seizure procedures under Section 52A of the NDPS Act is essential; failure to adhere results in inadmissibility of evidence and vitiation of conviction.
Compliance with mandatory provisions of the NDPS Act is essential for establishing the prosecution's case, particularly the requirement for drawing samples in the presence of a Magistrate, which was ....
(1) Disposal of seized narcotic drugs and psychotropic substances – Even in cases where there is non-compliance with procedural requirements of Section 52A, it does not necessarily vitiate trial or w....
Mandatory compliance with Section 52A of the NDPS Act is essential for the validity of evidence in narcotics cases, and failure to adhere to this provision creates reasonable doubt.
The central legal point established in the judgment is the significance of compliance with Section 52A of the NDPS Act in the seizure and handling of contraband substances, and the requirement for th....
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