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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sri Ananda Sen, Sri Gautam Kumar Choudhary, JJ
Krishna Rai S/o Late Sushil Rai – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Ananda Sen, J.
1. These criminal appeals are directed Against the Judgment of conviction dated 14.06.2002 and order of sentence dated 15.06.2002 passed by Additional Sessions Judge-II, Bokaro in GR No.262 of 1994 in respect of Appellant in Cr.A.(SJ) 431 of 2002 and judgment of conviction dated 12.08.2009 and order of sentence dated 13.08.2009 passed by the learned Addl. Sessions Judge-I, Bokaro in G.R. No.262 of 1994 (Suppl) in respect of appellant in Cr. A.(SJ) No.1112 of 2010 whereby and whereunder, both the appellants having been found guilty of charge under Section 21 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (in short NDPS) have been sentenced to undergo rigorous imprisonment of 10 years and to pay a fine of Rs.1,00,000/- and in default of payment of fine, the appellants have to undergo further rigorous imprisonment of two years.
2. Learned counsel for the appellant submitted that the judgments and orders of sentence passed by the learned Trial Court are bad in law and are based upon surmises and conjectures. There was no independent witness at the time of search, nor the search was conducted in the presence of any Gazetted officer or the Executive
Strict adherence to search and seizure procedures under the NDPS Act is essential; failure to follow mandated protocols invalidates convictions.
Failure to comply with mandatory procedures under the NDPS Act vitiates conviction, necessitating primary evidence for a valid trial.
Recovery of Ganja – Samples drawn in presence of Magistrate and list thereof on being certified alone would constitute primary evidence for the purposes of trial.
Failure to comply with mandatory seizure and sampling procedures under the NDPS Act vitiates conviction, as primary evidence was not established.
The central legal point established in the judgment is the requirement of strict compliance with the procedural provisions of the NDPS Act, particularly Section 52A(2), (3) and (4), for seizure and s....
The conviction was set aside due to non-compliance with mandatory provisions of the NDPS Act, specifically Section 52A, undermining the prosecution's case.
Prosecution's failure to comply with mandatory provisions of the NDPS Act led to the acquittal of the appellants due to insufficient evidence.
Non-compliance with mandatory provisions of the NDPS Act, such as section 42(2) and section 50(4), can render the prosecution case doubtful and lead to acquittal.
The court affirmed that possession of contraband substances establishes statutory presumptions requiring defendants to prove lack of conscious possession under the Narcotic Drugs and Psychotropic Sub....
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