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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
SANJAY DHAR
Abdul Hamid Bhat – Appellant
Versus
Ut of J&K – Respondent
JUDGMENT :
1) The present appeal is directed against judgment dated 18.03.2024 passed by the learned Principal Sessions Judge, Pulwama (hereinafter referred to as “the trial court”), whereby the appellant has been convicted of offence under Section 20 of NDPS Act in a case arising out of FIR No.42/2018 for offences under Section 8/20 of NDPS Act registered with Police Station, Kakapora Pulwama. Challenge has also been thrown to order 25.03.2024 passed by the learned trial court, whereby the appellant has been sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1.00 lac for having committed the aforesaid offence. In default of payment of fine, the appellant has been directed to undergo simple imprisonment for a further period of three months.
2) As per prosecution case, on 07.08.2018, an information was received in Police Station, Kakapora, from reliable sources that the appellant/accused has concealed a large quantity of contraband substance, namely, Cannabis leaves, in his residential house located at Village Lelhar and that the appellant indulges in illicit trade of the said contraband substance, as a result of which youth of the area have f
Non-compliance with mandatory provisions of the NDPS Act and contradictions in evidence undermine the prosecution's case, leading to the reversal of conviction.
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 ....
Procedural lapses in narcotics investigations under NDPS Act can lead to dismissal of convictions, requiring strict adherence to statutory requirements for search and custody.
Total non-compliance with Section 42 of the NDPS Act renders the search and seizure invalid, compromising the prosecution's case and necessitating overturning of the conviction.
In drug-related offenses, strict adherence to statutory procedural safeguards is mandatory for a fair trial, and non-compliance vitiates the prosecution case.
Failure to comply with mandatory procedures under the NDPS Act vitiates conviction, necessitating primary evidence for a valid trial.
The prosecution must comply with mandatory procedural requirements in drug cases, failing which foundational facts required to establish guilt cannot be met, leading to acquittal.
Strict compliance with the NDPS Act's procedural requirements is mandatory; failure to do so vitiates the trial and leads to acquittal.
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