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RAJNESH OSWAL, RAJESH SEKHRI
State of J&K – Appellant
Versus
Parshotam Singh – Respondent
JUDGEMENT
RAJESH SEKHRI, J.
1. Challenge in this appeal has been thrown to the judgment dated 21.08.2014, passed by learned Special Judge, Kathua, in file No. 71/Special, titled 'State v. Parshotam Singh and Anr.' vide which respondents came to be acquitted, in FIR No. 63 of 2010, for offences under section 7/20/21, of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act, for short).
2. Before we advert to the grounds of challenge urged in the memo of appeal, it shall be apt to have a bird's eye-view of the back ground facts.
3. The prosecution case is that on 01.09.2010, a police party of Police Station, Lakhanpur, headed by ASI-Ganesh Raj laid a nakka at Lakhanpur. At around 9:30 am, a scooter bearing Registration No. JK02N-7063, being driven by respondent No. 1, with respondent No. 2, as a pillion rider on its way from Punjab to Jammu was intercepted and on checking the dickey of the said scooter, 3700 Pyremal Spas capsules, contained in a polythene bag, came to be recovered. According to the prosecution, respondents failed to furnish any satisfactory explanation much less a permission or a license for transportation of the said capsules. The aforesaid FIR came to be regis
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.
Prosecution must comply with mandatory provisions of the NDPS Act; failure to establish safe custody and proper procedures leads to acquittal.
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.
Proper investigation and compliance with mandatory provisions of the NDPS Act are crucial in cases involving severe punishment and societal impact.
Non-compliance with mandatory provisions of the NDPS Act and contradictions in evidence undermine the prosecution's case, leading to the reversal of conviction.
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