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RAJESH SEKHRI
State Through Police Station Awantipora – Appellant
Versus
Ab. Rashid Dar – Respondent
JUDGEMENT
1. This Appeal has been directed against judgment dated 20.07.2018 passed by learned Principal Sessions Judge Pulwama (for short 'the trial court'), vide which respondent has been acquitted of the charges for offences under Sections 8/20 of the Narcotic Drugs And Psychotropic Substance Act 1985 ('NDPS Act', for short).
2. Before a closer look at the grounds urged in the memo of Appeal, it shall be apt to have an overview of the background facts.
3. Case of the appellant-State, prosecution in the trial court, is that on 27.12.2008, a police party of Police Station Awantipora, during routine checking at village Laddermad Pulwama, spotted a person in suspicious circumstances, who, on seeing the police party, made an attempt to give a slip, however, he was followed and overpowered by the patrolling party. On a personal search, he was found carrying a polythene bag containing 'charas' weighing 01 kg. Accordingly, Incharge of the patrolling party, ASI Soleh Rehman dispatched a docket through Constable Tariq Ahmad to Police Station Awantipora. SDPO and SHO were informed about the occurrence. On receipt of this docket, investigation came into vogue, which culminated into final repor
Prosecution must comply with mandatory provisions of the NDPS Act; failure to establish safe custody and proper procedures leads to acquittal.
Proper investigation and compliance with mandatory provisions of the NDPS Act are crucial in cases involving severe punishment and societal impact.
The prosecution's failure to adhere to mandatory provisions of the NDPS Act led to serious discrepancies, resulting in the acquittal of the accused.
The prosecution must prove guilt beyond reasonable doubt, and failure to adhere to mandatory procedures under the NDPS Act undermines the case.
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....
Non-compliance with mandatory provisions of the NDPS Act and contradictions in evidence undermine the prosecution's case, leading to the reversal of conviction.
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.
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