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ANANDA SEN, SUBHASH CHAND
Jai Ram Munda, son of Late Kande Munda – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Subhash Chand, J.
1. This Criminal Appeal has been preferred against the judgment of conviction dated 25.04.2018 and the order of sentence dated 26.04.2018 passed by the learned Special Judge (NDPS), Khunti in N.D.P.S. Case No.10 of 2014(K)/ N.D.P.S. Case No. 09 of 2011(R), whereby the learned trial Court has convicted the appellant under Sections 18(b) of the N.D.P.S. Act and sentenced him to undergo rigorous imprisonment for ten years along with fine of Rs.1,00,000/-under Section 18(b) of the N.D.P.S. Act. In case of default of payment of fine, the convict was directed to undergo imprisonment of one year.
2. The brief facts of the prosecution case leading to this Criminal Appeal are that the informant Pramod Kumar Mishra, Police Inspector of Khunti Circle had given the written statement to the effect that on 27.06.2011 at 13:30 pm, he received the information from the Superintendent of Police, Khunti that certain persons of Bazar Tanr are involved in smuggling of narcotic substance and the transaction of opium was likely to take place in Bazar Tanrof Khunti. On this written information, the informant along with police force reached to the indicated place and a person wa
The conviction under the N.D.P.S. Act cannot be sustained if the seized contraband is not produced in court and if the sampling does not comply with the statutory requirements of Section 52A.
Procedural lapses in evidence collection under the NDPS Act, particularly failure to comply with Section 52A, render prosecution's case insufficient for conviction.
Compliance with procedural safeguards under the NDPS Act, notably Section 52A, is essential to validate convictions; failure to produce seized contraband is fatal to the prosecution's case.
The judgment established the significance of producing seized materials as evidence, proper sampling and handling of contraband, and compliance with N.D.P.S. Act provisions for maintaining the credib....
Mandatory compliance with Section 52A of the NDPS Act is essential for the validity of evidence in narcotics cases.
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