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HIGH COURT OF JAMMU AND KASHMIR
STATE TH.S.H.O P/S RAMBAN – Appellant
Versus
SAJAD AHMAD SHAH AND ANR. – Respondent
ORDER :
1. This is an acquittal appeal by the then State of Jammu and Kashmir (now UT of Jammu & Kashmir) directed against an order and judgment dated 31.10.2015 passed by the learned Sessions Judge (Principal District Judge), Ramban [“the trial Court’] in file No. 06/NDPS Act in case titled “State v. Sajjad Ahmad Shah & Anr.” whereby the trial Court has acquitted both the accused (respondents herein) of the offences under Section 8/20 of Narcotic Drugs and Psychotropic Substances Act, (NDPS), 1985.
2. Briefly stated, the prosecution story is that information was received by Police Station, Ramban on 20.09.2013 through reliable resources that two persons i.e. the respondents herein were camping at Ramban with charas in their possession and were looking for a client to sell the same. On receipt of this information, FIR No. 143/2013 was registered for offences under Section 8/20 NDPS Act in the Police Station and investigation set in motion. The SHO along with some police personnel proceeded to the spot and took both the respondents into custody. The respondents were jointly informed in writing by the Investigating Officer that they were required to be searched and, therefore, can make
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 mandatory provisions of Sections 42(2) and 50 of the NDPS Act vitiates the search and recovery, leading to acquittal.
NDPS Act – Search and seizer of contraband – Conviction set aside - prosecution has not complied with the provisions of Section 42 of NDPS Act as the information alleged to have been received regardi....
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.
Proper investigation and compliance with mandatory provisions of the NDPS Act are crucial in cases involving severe punishment and societal impact.
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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