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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE SUJIT NARAYAN PRASAD, MR. JUSTICE SANJAY PRASAD, JJ
Md. Naushad, S/o Md. Izhar, R/o Jangi – Appellant
Versus
Union Of India Through Narcotics Control Bureau, Ranchi – Respondent
JUDGMENT :
I.A. No.1619 of 2025
The instant interlocutory application has been filed for suspension of sentence in connection with judgment of conviction dated 03.08.2023 and order of sentence dated 10.08.2023 passed by learned District and Additional Sessions Judge-IV, Hazaribnag in NCB Case No.01 of 2020 whereby and whereunder, the appellant has been convicted for the offence under Section 18(b)/29 of the NDPS Act and sentenced to undergo R.I for 12 years with fine of Rs.1,20,000/- and in default of payment of fine he will further undergo R.I for 2 years.
2. It has been contended on behalf of the appellant that it is a case where the procedure laid down under N.D.P.S Rules, 2022 has not been followed, since, the sample has not been taken from each of the bag where the contraband (i.e. opium) was found.
3. It has been contended that since there is material irregularity conducted at the time of search and as such, the same cannot be said to be rectified at later stage and hence, it is a fit case for suspension of sentence.
4. While on the other hand, Mr. Anil Kumar, learned Addl.SGI appearing for the Investigating Agency, Narcotics Control Bureau, has vehemently opposed the prayer for s
Procedural irregularities in sampling under the N.D.P.S Rules do not negate the validity of seizure and testing if properly conducted.
Compliance with statutory procedures during search and seizure is essential for maintaining the integrity of evidence in drug-related offenses.
Proper procedures under the NDPS Act and Rules must be followed for valid seizure and sampling; lapses can lead to benefit of doubt for the accused.
Quantity to be drawn in each sample for chemical test shall not be less than 5 grams in respect of all narcotic drugs and psychotropic substances.
The court upheld the conviction under the NDPS Act, emphasizing compliance with statutory provisions and the sufficiency of evidence linking the appellant to the crime.
The court affirmed that minor contradictions in prosecution testimony do not undermine a conviction under the NDPS Act, emphasizing the reliability of police witness statements.
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