BIRENDRA KUMAR
Tiloka Ram, S/o. Shri Dwarka Ram – Appellant
Versus
State of Rajasthan, Through PP – Respondent
JUDGMENT :
Birendra Kumar, J.
1. The sole appellant Triloka Ram faced trial in Sessions Case No.36/2020 for offence under Section 8/21 NDPS Act and was convicted by the impugned judgment dated 07.11.2022 and sentenced as follows:-
The aforesaid conviction and sentence is under challenge in this appeal.
2. The prosecution case is that District Special Team of the police was constituted by the Commissionerate level Police Officer to looking after law and order as well as menace of crime within the territorial jurisdiction.
3. On 26.01.2020, the said team was patrolling near PTM circle Mr. Kanta Singh (PW-1) Inspector of Police was leading the team. Near PTM circle, they noticed a man carrying a carton. At about 2:30 AM, the man was intercepted. He was the appellant and from the carton, 750 tablets of Tramadol Hydrochloride and 2550 tablets of Alprazolam were seized. The appellant had no license to keep and sell those drugs. Hence, the appellant was taken into custody. Samples from the drugs, for forensic examination, were also taken out at the spot an
Mandatory compliance with Section 52A of the NDPS Act is essential for the validity of evidence in narcotics cases, particularly regarding the involvement of a Magistrate in the seizure process.
The judgment establishes that non-compliance with Section 52A of the NDPS Act is a critical flaw that can invalidate a narcotics conviction.
The conviction was set aside due to non-compliance with mandatory procedures under the NDPS Act, specifically Section 52A regarding the presence of a Magistrate during sampling.
The court ruled that non-compliance with Section 52A of the NDPS Act invalidates the evidence, leading to the overturning of the conviction.
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 can lead to the dismissal of charges.
Compliance with Section 52A of the NDPS Act is mandatory for the admissibility of evidence in drug-related cases, and failure to adhere to this provision can lead to the dismissal of the prosecution'....
Mandatory compliance with Section 52A of the NDPS Act is essential for the validity of evidence in narcotics cases.
The court ruled that non-compliance with Section 52A of the NDPS Act invalidates the conviction, emphasizing the necessity of a Magistrate's presence during evidence collection.
The conviction was set aside due to non-compliance with mandatory provisions of the NDPS Act, specifically Section 52A, undermining the prosecution's case.
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.
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