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N. S. SHEKHAWAT
Budh Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. conviction under ndps act (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments against compliance of ndps provisions (Para 7 , 9 , 10) |
| 3. analysis of section 42 compliance (Para 8 , 12 , 13 , 14 , 16) |
| 4. non-compliance affects prosecution case (Para 11 , 15) |
| 5. appeals succeed; convictions set aside (Para 17 , 18 , 19 , 20) |
JUDGMENT :
(N.S. Shekhawat, J.)
This judgment shall disposed of two criminal appeals, i.e., CRA-S-618-SB-2003 titled as Budh Singh Vs. State of Punjab and CRA-S-882-SB-2003 titled as Swaran Singh Vs. State of Punjab, respectively, which are directed against the common judgment of conviction and order of sentence dated 06.03.2003 passed by the learned Judge, Special Court, Patiala, whereby, the present appellants were convicted under Section 15 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as `the NDPS Act) and sentenced to undergo rigorous imprisonment for ten years each and to pay a fine of Rs.1,00,000/- each alongwith default stipulation.
2. The brief facts of the present case are that on 24.05.1998, ASI Jaswinder Singh Incharge, P.P. Gajewas alongwith other police officials was present in the area of village A
Strict compliance with mandatory provisions of the NDPS Act, such as Section 42, is essential to protect suspects against false implication and ensure fair investigation and trial.
The recovery of contraband from a public place does not require compliance with Section 42 of the NDPS Act, and the presumption of conscious possession under Section 54 places the burden of proof on ....
Impermissibility of non-compliance with the mandatory provisions of Section 42 of the NDPS Act.
Narcotics Drugs - Acquittal under - Non compliance of provision of S. 42 of NDPS Act - As non compliance vitiates the Trial.
Strict compliance with the mandatory provisions of Section 42(1) and 42(2) of the NDPS Act is required, and the prosecution must establish the accused's conscious possession of the contraband.
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