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SANJEEV KUMAR, RAJESH SEKHRI
State of J&K – Appellant
Versus
Verinder Singh – Respondent
JUDGMENT :
Rajesh Sekhri, J.
1. By virtue of this judgment, the present appeal hanging fire for the last more than 12 years shall be put to quietus.
2. This appeal has been directed against judgment dated 28.02.2010 rendered by learned 2nd Additional Sessions Judge, Jammu (hereinafter referred to as “trial court”), in File No.148/Challan titled “State of J&K v. Verinder Singh and another”, and FIR No. 34 of 2007 of Police Station, Miran Sahib for offences under Sections 353 /34 RPC, 4/25 ARMS ACT , 8/15 of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act, for short) and 6/13 DCO, vide which, respondents have been acquitted of the charges.
3. Before a closer look at the grounds urged in the memo of appeal, it shall be apt to have an overview of the facts giving rise to the present case.
4. Case of the appellant-State/prosecution is that on 07.07.2007, Ajaz Ahmad, PSI along with police party of Police Station, Miran Sahib, while on patrolling received source information at about 8:00 P.M. that respondents/accused were engaged in illegal trade of Poppy straw in their house in Ward No. 6. The PSI informed and requested SDPO and SDM to reach before they rushed to the spot to ap
The prosecution's failure to adhere to mandatory provisions of the NDPS Act led to serious discrepancies, resulting in the acquittal of the accused.
Non-compliance with mandatory provisions of the NDPS Act and contradictions in evidence undermine the prosecution's case, leading to the reversal of conviction.
Proper investigation and compliance with mandatory provisions of the NDPS Act are crucial in cases involving severe punishment and societal impact.
Strict compliance with procedural safeguards under the NDPS Act is essential; failure to do so invalidates the prosecution's case and may lead to acquittal.
Strict compliance with the statutory provisions of the NDPS Act, particularly in cases involving the seizure and disposal of contraband, is crucial to establish the integrity of the evidence and the ....
The prosecution must prove guilt beyond reasonable doubt, and failure to adhere to mandatory procedures under the NDPS Act undermines the case.
Prosecution must comply with mandatory provisions of the NDPS Act; failure to establish safe custody and proper procedures leads to acquittal.
The prosecution's failure to follow mandatory procedures for search and seizure under the NDPS Act vitiated the trial, leading to the acquittal of the accused.
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