Back
THE HIGH COURT OF ORISSA AT CUTTACK
SIBO SANKAR MISHRA
Manoj Kumar Sahoo – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. conviction under ndps act based on evidence. (Para 1 , 4 , 5) |
| 2. court’s conclusion and order. (Para 2 , 15 , 16) |
| 3. analysis of evidence and reasoning for acquittal. (Para 3 , 7 , 13 , 14) |
| 4. mandatory procedures under section 50 of ndps act. (Para 8 , 9 , 11) |
JUDGMENT :
The present Criminal Appeal, filed by the appellants under Section 374(2) of the Cr.P.C., is directed against the judgment and order dated 15.03.2002 passed by the learned Sessions Judge-cum-Special Judge, Khurda at Bhubaneswar in T.R. Case No.12 of 1998, whereby the present appellants have been convicted for the offence under Section 20 (b)(i) of the N.D.P.S. Act and on that count, they were sentenced to undergo R.I. for three years and to pay a fine of Rs.5,000/-, in default to undergo further R.I. for six months.
3. Heard Mr. Tukuna Kumar Mishra, learned Amicus Curiae for the appellants and Mr. Raj Bhusan Dash, learned Additional Standing Counsel for the State.
5. The prosecution in order to bring home charges examined three witnesses. Out of whom, P.W.1 is claimed and said to be an independent and punch, witness whereas P.W.2 was the Excise A.S.I. and assistant of P.W.3 and P.W.3 was the S.I. of E
Search and seizure under NDPS Act must comply with Section 50 provisions, failing which accused are entitled to acquittal.
Non-compliance with mandatory procedural safeguards under Section 50 of the NDPS Act vitiates the prosecution case, entitling the accused to the benefit of doubt.
Procedural non-compliance under the N.D.P.S. Act, specifically regarding search and seizure requirements, vitiates the prosecution's case, leading to acquittal.
Compliance with procedural requirements under the NDPS Act is essential; failure to ensure due process can undermine the prosecution's case, resulting in acquittal.
Non-compliance with statutory provisions of the N.D.P.S. Act regarding search and seizure vitiates the prosecution case, warranting acquittal on grounds of reasonable doubt.
Non-compliance with mandatory provisions of the N.D.P.S. Act vitiates the conviction, especially where the prosecution relies solely on police testimony without corroboration from independent witness....
Mandatory provisions under Sections 42 and 50 of the NDPS Act must be followed strictly; non-compliance vitiates prosecution.
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 provisions contained in Chapter V are intended for providing certain checks on exercise of the powers of authority concerned and to avoid misuse and arbitrary exercise of the power, in absence of....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
