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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE SUJIT NARAYAN PRASAD, MR. JUSTICE NAVNEET KUMAR, JJ
Dharmendra Yadav, Son Of Indra Narayan Yadav – Appellant
Versus
The State Of Jharkhand – Respondent
ORDER :
Reference may be made to the order dated 20th January 2025. In pursuance thereto, Hrudeep P. Janardhanan, Senior Superintendent of Police, Dhanbad has appeared.
2. It has been stated by him that due care is being taken for the purpose of proper investigation said to be under the statutory mandate, particularly the issue of seizure, measurement and sampling, as provided under the NDPS Act, 1985 and the NDPS Rules, 2022.
3. It has been submitted by him that the SOPs are being prepared. It has also been stated that after the SOP, if any investigating officer is found to be involved in latches of investigation, they will be proceeded to departmental proceeding, so as to give message among the investigating officers that latches and deficiencies into investigation shall be considered to be offence and crime against the society, so that such latches may not be repeated in future.
4. The reason for calling the Senior Superintendent of Police, Dhanbad is the latches in the matter of investigation by the concerned investigating officer, who seized the contraband, which is in the quantity of 100 KG, the measurement has been shown to be 100 KG on presumption, without utilizing the DD Kit
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.
Failure to comply with mandatory procedures under the NDPS Act vitiates conviction, necessitating primary evidence for a valid trial.
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.
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 procedural requirements under the NDPS Act is essential for the admissibility of evidence; failure to adhere to these provisions can lead to the suspension of sentences.
Compliance with procedural safeguards under the NDPS Act is essential for the admissibility of evidence and the validity of convictions.
Compliance with statutory procedures during search and seizure is essential for maintaining the integrity of evidence in drug-related offenses.
The court ruled that adherence to statutory procedures under the NDPS Act is essential for the admissibility of evidence, and allowed the suspension of sentence based on procedural violations.
Strict adherence to procedural requirements in the NDPS Act is essential for securing convictions; failure to follow these mandates can lead to acquittal.
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