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IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH
Somanath Das – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. conviction under ndps act with specific details. (Para 1 , 2) |
| 2. defendant's complete denial of charges. (Para 3 , 4) |
| 3. prosecution's evidence led to conviction. (Para 5) |
| 4. arguments on non-compliance of section 50 of ndps. (Para 6 , 7) |
| 5. mandatory provision for personal search under section 50. (Para 8 , 9) |
| 6. appeal allowed; conviction overturned. (Para 10) |
JUDGMENT :
D.Dash, J.
The Appellant, by filing this Appeal, has called in question the judgment of conviction and order of sentence dated 6th December, 2021 passed by the learned Special Judge, CBI, Court No.1-cum-Additional Sessions Judge, Bhubaneswar in T.R. Case No.16 of 2019 arising out of PR Case No.212 of 2018 of E.I. & E.B. Unit-1, Cuttack.
By the impugned judgment of conviction and order of sentence, the Appellant (accused) has been convicted for commission of the offence under section 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, ‘the N.D.P.S. Act’). Accordingly, he has been sentenced to undergo rigorous imprisonment for eleven (11) years and pay fine of Rs.1,00,000/- (Rupees One Lakh) for commission of the said offence in default to undergo rigorous imprisonment for one yea
Non-compliance with Section 50 of the N.D.P.S. Act invalidates the prosecution's case, requiring transparent searches to protect the rights of the accused.
Strict compliance with the provisions of Section 50 of the NDPS Act, particularly in informing the accused of their right to be searched before a Gazetted Officer or Magistrate, is mandatory and non-....
Section 50 of NDPS Act, 1985 is conditions under which search of persons shall be conducted.
Mandatory provisions under Sections 42 and 50 of the NDPS Act must be followed strictly; non-compliance vitiates prosecution.
Offering third option of police search under Section 50 NDPS Act, alongside Magistrate or Gazetted Officer, vitiates recovery from clothing; combined with procedural doubts and contradictions, mandat....
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....
It is an archaic notion that actions of police officer should be approached with initial distrust. It is time now to start placing at least initial trust on actions and documents made by police. At a....
Compliance with procedural requirements under the NDPS Act is essential; failure to ensure due process can undermine the prosecution's case, resulting in acquittal.
Search and seizure under NDPS Act must comply with Section 50 provisions, failing which accused are entitled to acquittal.
Strict compliance with Section 50 of the NDPS Act is mandatory, and failure to comply vitiates the seizure and consequential conviction.
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