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ANIL KUMAR UPMAN
Ajay Kumar Son Of Shri Madan Lal – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT :
1. The appellants herein have been convicted for offence under Section 8/20 (b) (ii) C of the NDPS Act vide judgment dated 05.08.2022 passed by learned Special Judge, NDPS Act Cases, Kota in Sessions Case No.27/2020 and sentenced them to undergo 14 years’ RI with fine of Rs.1,50,000/- each. In default of payment of fine, the appellants have been sentenced to undergo three year’s additional rigorous imprisonment.
2. The appellants herein have preferred these two separate criminal appeals under Section 374(2) Cr.P.C. challenging their conviction and sentence, as mentioned above.
3. Learned counsel for the appellants submits that he wants to argue the appeal finally. Learned Public Prosecutor is also ready to argue the matter finally. Thus, the appeal is heard finally. The application for suspension of sentence is therefore, disposed of.
4. Brief facts of the case are that on 03.12.2019, a Preventive Team of CNB Kota, led by Mr. C. Prasad, Superintended, CBN Kota and other members namely Inspector Mr. J.P. Meena, Inspector, Mr. Pankaj Kumar, Ct. Mohanchand Kalwar, LDC Mr. Gajraj Meena and Driver Mukesh Singh Rathore were on routine checking. The team left the police station by
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 conviction was overturned due to failure to comply with mandatory procedures under the NDPS Act, specifically Section 52A regarding sample collection.
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.
Recovery of Ganja – Samples drawn in presence of Magistrate and list thereof on being certified alone would constitute primary evidence for the purposes of trial.
Failure to comply with mandatory procedures under the NDPS Act vitiates conviction, necessitating primary evidence for a valid trial.
The conviction was set aside due to non-compliance with mandatory provisions of the NDPS Act, specifically Section 52A, undermining the prosecution's case.
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