MANOJ KUMAR GARG
Aslam Kha S/o Piru Kha – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
MANOJ KUMAR GARG, J.
1. Heard learned counsel for the parties and perused the material available on record.
2. This is the second application for suspension of sentence. The first application for suspension of sentence was dismissed as withdrawn vide order dated 24.04.2024 passed by this Court. Learned counsel for the appellant submits that the appellant is behind the bars since 18.03.2019. The recovery of contraband was made from the appellant on 18.03.2019 and the samples were sent for FSL on 25.03.2019, but inventory in this case was prepared before the presence of Judicial Magistrate on 22.05.2019. Counsel submits that there are no antecedents of similar nature against the appellant. Counsel further submits that this shows that there is clear cut violation of provisions of Section 52A of NDPS Act. He relied upon the judgment of the Hon’ble Supreme Court in the case of Union of India Vs. Mohanlal & Anr. AIR Online 2016 SC 606. In the said judgment, the Hon’ble Supreme Court has held as under:
The court ruled that adherence to statutory procedures under the NDPS Act is essential for the admissibility of evidence, and allowed the suspension of sentence based on procedural violations.
Compliance with procedural requirements under the NDPS Act is essential for the admissibility of evidence; failure to adhere to these provisions can lead to the suspension of sentences.
Compliance with procedural safeguards under the NDPS Act is essential for the admissibility of evidence and the validity of convictions.
The conviction was overturned due to failure to comply with mandatory procedures under the NDPS Act, specifically Section 52A regarding sample collection.
The conviction under the NDPS Act was quashed due to failure to comply with mandatory procedures for sample collection, emphasizing the importance of due process in narcotics cases.
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....
Non-compliance with Section 52A of the NDPS Act in evidence collection can lead to suspension of sentence, especially when prolonged custody and delays in appeal hearings are present.
The conviction was quashed due to failure to comply with mandatory procedures for evidence collection under the NDPS Act, emphasizing the importance of a fair trial.
Mandatory compliance with NDPS Act's provisions for seizure and evidence is essential; failure leads to invalidation of convictions.
The conviction was set aside due to non-compliance with mandatory provisions of the NDPS Act, specifically Section 52A, undermining the prosecution's case.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.