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SANJEEV KUMAR, MOKSHA KHAJURIA KAZMI
Mohd. Yousuf Ganai – Appellant
Versus
State – Respondent
JUDGMENT :
[Sanjeev Kumar, J.]
1. This appeal is directed against the judgment of conviction and sentence dated 05.03.2018 recorded by the learned Principal Sessions Judge, Jammu (hereinafter referred to as the 'trial Court') in file No. 02/Spl Challan titled 'Narcotics Control Bureau, Jammu v. Mohd. Yousaf Ganaie' whereby the trial Court has convicted the appellant for the offences under sections 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985 ["NDPS Act"] and sentenced him to undergo rigorous imprisonment for fifteen(15) years and to pay a fine of Rs. 1.00 lacs, in default to undergo six months imprisonment. The Trial Court further ordered that the period of detention already undergone by the appellant shall be set off.
2. Before we advert to the grounds of challenge urged by Mr. Hussain, learned Senior Counsel representing the appellant/accused, to assail the impugned judgment and the order of sentence, it is necessary to first elude to complete resume of the prosecution case.
3. Intelligence Officer of Narcotic Control Bureau, Jammu received a secret information from a reliable source that the appellant/accused was carrying narcotics drugs and was going to board Swara
The court upheld the trial court's acquittal of the accused due to significant procedural violations and lack of evidence connecting them to the alleged drug possession.
In drug-related offenses, strict adherence to statutory procedural safeguards is mandatory for a fair trial, and non-compliance vitiates the prosecution case.
Non-compliance with the procedure for drawing up the sample of the narcotic, lack of compliance with the prescribed procedure under the NDPS Act, 1985 at all the stages, and the case being based on t....
Compliance with mandatory provisions of the NDPS Act is essential for conviction; however, the absence of independent witnesses does not automatically discredit credible police testimony.
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