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SANJAY VASHISTH
Kali – Appellant
Versus
State of U. T. Chandigarh – Respondent
JUDGMENT :
(Sanjay Vashisth, J.)
Present appeal is filed by appellants-Smt.Kali, against the judgment of her conviction dated 06.11.2003 and order of sentence dated 07.11.2003, passed by Ld. Judge, Special Court, Chandigarh, in NDPS Case No.74 of 07.08.2003/26.09.2000, arising from FIR No.285 dated 23.07.2000, under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity 'NDPS Act'), registered at Police Station Sector 39, Chandigarh.
2. For the recovery of 12 grams smack, appellant, was sentenced to undergo RI for a period of 01 year and six months, and to pay a fine of Rs.10,000/-, and in default of payment of fine to further undergo RI for 06 months.
FACTS LEADING TO REGISTRATION OF THE FIR:
3. On 23.07.2000 at about 3.00 P.M., police party headed by SI Kuldeep Singh including SI Jai Singh and other police officials was present at police booth Dadu Majra Colony, Chandigarh. After some time, a secret information was received that Gujri and Kali residents of House No.2676, Dadu Majra Colony, UT, Chandigarh deals in smack in their house and in case their house was raided, at this time, smack can be recovered.
After sending information to the police station,
Possession of narcotic substances can result in conviction under NDPS despite procedural non-compliance if evidentiary strength supports prosecution's claims.
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....
Mandatory compliance with NDPS Act's provisions for seizure and evidence is essential; failure leads to invalidation of convictions.
The court established that violations of mandatory procedures under the NDPS Act, particularly Sections 50 and 52A, can invalidate criminal proceedings against accused individuals.
Point of Law : Harsher the punishment, more is the strictness of proof required for the prosecution. The burden is always upon prosecution to prove the case against the person accused with proof beyo....
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.
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